The Conciliation Process at BDRS
Before conciliation, the parties may provide the conciliator with
copies of key pleadings or discovery, written submissions, or
both. Such submissions might contain, for example, a concise
statement of the issues the parties are seeking to resolve,
concerns or perceived impediments to a resolution, and the
nature of the desired outcome—such as a discovery schedule or
plan, an agreement regarding production of documents or
electronic discovery, or arrangements for out-of-state or foreign
While BDRS encourages the exchange of information, it is up
to the parties to decide whether to give their respective
submissions just to the conciliator, or also to exchange them
among themselves. In order to avoid confusion, however, the
conciliator will assume that anything in the submissions may be
shared with other parties at the conciliation, unless specific
portions of a submission are expressly noted as confidential.
At BDRS, the conciliator’s role is to guide the process in a
productive and efficient manner, and to facilitate
communication among the parties. The parties themselves
control whether and how the issues are resolved. When the
parties reach a resolution, the conciliator will assist the parties
in memorializing their agreement.
Each conciliation is tailored to the needs of the parties and the
nature of the issues, with joint and private sessions conducted
much as they are in a mediation. At conciliation, however,
because the goal is not to resolve the ultimate dispute, but to
narrow issues or map out an efficient process for pending or
inevitable litigation, there might be more use of joint sessions
than in mediation.
Conciliation is protected by the same confidentially that applies
to mediation. Please see the discussion of Confidentiality in
the Principles of Mediation for additional information on this
critical aspect of the process.