- If attorneys are involved in the case, they are usually present for conciliation. Often attorneys don't participate in a mediation.
- Conciliators can, and often will, provide an opinion or assessment of each party's arguments. While this may assist the parties in settling, it is different than mediation where the neutral avoids making assessments which could favor one party or the other.
- While a mediator can be a mental health practitioner, financial expert or other non-attorney professional, a conciliator is an attorney because of the legal experience necessary to provide an assessment.
- Conciliation usually takes place while a litigation case is pending, while most people seek mediation before litigation begins (although mediation can be used during litigation as well).
- Finally, conciliators may be required to report back to the court if appointed by the court, while mediation is completely confidential and privileged.
Click here to learn more about mediation and conciliation offered by Kelsey & Trask P.C.