Conciliation is a voluntary, confidential, and informal process
where a neutral third party—the conciliator—assists the parties
in clarifying and seeking to resolve issues—substantive,
procedural, or both. It is used primarily for cases already in
litigation. Conciliation differs from mediation in that the goal is
not to resolve the dispute in its entirety—although that could
happen—intermediary issues or minor aspects of claims.
Conciliation can be a useful tool in streamlining the pre-trial
phase of litigation; discovery is an area that can be especially
receptive to the benefits of conciliation. The conciliator can, for
example, assist the parties in agreeing on schedules and plans
for efficient and productive discovery, narrowing or resolving
discovery disputes, and grappling with the practical burdens,
mechanics, and expense of voluminous document production
or often- overwhelming electronic discovery.
Please see the Conciliation Process at BDRS for detailed
information regarding written submissions, the conciliator's
role, how sessions are conducted, and confidentiality.
Please see Principles of Mediation for a summary of the
principles of mediation followed at BDRS—including the
confidential nature of the sessions.