Mediation vs. Conciliation: What's the Difference

When you’re going through a divorce, it’s completely understandable to want to avoid a long, expensive court process. Two common alternatives are mediation and conciliation. Both can help you reach an agreement without a trial — but they work in slightly different ways and can have very different costs and outcomes.

What Is Mediation?

Mediation is a process where a neutral third person (the mediator) helps both parties communicate and work toward a settlement. The mediator’s job is to guide the discussion — not to give legal advice or decide what’s fair. A key point to know: a mediator doesn’t have to be an attorney.

Because of that, even if you reach an agreement in mediation, you’ll still need an attorney to draft and file your divorce paperwork and make sure your rights are protected. That means you may end up paying for both the mediator and your own lawyer to complete the process.

What Is Conciliation?

Conciliation is similar in that a neutral professional helps the parties settle their case, but there’s one big difference: A conciliator must be an attorney.

That means the conciliator not only facilitates conversation but can also explain the law, offer legal perspective, and suggest realistic settlement options based on how courts typically handle similar cases. Even better, a conciliator can draft and file your divorce documents, so you’re not paying another lawyer afterward to finish what was already agreed upon.

The Bottom Line:

Mediation = neutral guide (not necessarily a lawyer), you’ll still need your own attorney.

Conciliation = attorney neutral who can guide, draft, and file your agreement — often saving time and money.

If your goal is to resolve your divorce efficiently and with as little stress as possible, conciliation can be an excellent choice. It keeps you out of court, gives you access to legal insight, and helps you move forward with a binding agreement — all in one process. Please contact Kelliher & Beyer, LLP at (508) 960-1112 or email at info@kelliher-beyer-law.com to schedule a consult with a certified conciliator.