Domestic Conciliation
Services for cases outside of these counties may be available upon request.
Domestic conciliation is an alternative dispute resolution process wherein a neutral conciliator helps the parties work towards a resolution of their dispute. The main difference between mediation and conciliation is that mediation is a confidential process and conciliation is not. While a conciliator also strives to help the parties reach an agreement and has no decision-making powers, the conciliator may submit a report to the court if the parties are unable to reach an agreement. The judge that is assigned to the case determines what types of information he or she would like the conciliator to report to the court. For instance, a judge may want a summary of the personal and real property subject to division in a divorce, the positions of each party as to custody and parenting time, information that may be provided by witnesses, or other information relevant to the issues contested in the case.
Domestic Conciliation FAQs
When might conciliation be a better choice than mediation?
Conciliation may be more appropriate in cases where reaching an agreement on all issues is unlikely. The parties can still work toward reaching an agreement, but if they are unable to agree on all issues, then it will benefit the parties, their attorneys, and the court to have a neutral third-party report on issues that are unresolved. This is a likely situation in cases where both parents express a desire to be the primary residential parent and a shared-residency plan is not feasible, cases with issues involving substance abuse, or cases where one parent is suffering from mental illness.
If the judge wants the conciliator to make recommendations doesn’t that mean the conciliator is not impartial?
No, as stated in Kansas Supreme Court Rule 918, an “approved individual employing a dispute resolution process that requires a recommendation does not, by itself, establish that the approved individual lacks impartiality.” The rule further states that the approved individual “must not act with partiality or prejudice based on a participant’s personal characteristics, background, values and beliefs, or any other reason.” While proceeding impartially while making recommendations can be challenging, it is something that ADR professionals are trained to do.
What are the requirements to become a state-approved domestic conciliator in Kansas?
A domestic conciliator must complete the following requirements before becoming approved: be an approved mediator in domestic mediation; have mediated at least 10 domestic cases; and have completed six hours of approved domestic conciliation training. Additionally, a domestic conciliator must complete six hours of Continuing Dispute Resolution Education (CDRE) each year to remain an approved domestic conciliator. Kansas Supreme Court Rules regarding Dispute Resolution may be found here: https://www.kscourts.org/Rules-Orders/Rules.aspx