MEDIATION
- Mediation, one form of alternative dispute resolution (ADR), is a voluntary, confidential process in which a neutral mediator helps the parties reach a mutually acceptable resolution to their conflict. Mediation can be a productive approach in many types of disputes.
- ADR is required by some courts in certain types of cases.
- Ask about the Vermont state subsidy for income-eligible parents to attend mediation for family cases.
- The benefits of mediation over litigation include financial savings; the ability to craft an agreement that all parties find fair and reasonable, rather than having a judge or jury decide the outcome; and confidentiality.
- In a litigated case, the parties are often financially and emotionally drained, alienated from one another, and often both parties are disappointed with the court’s decision.
- Mediation style is flexible, depending upon the needs of the participants. No single approach works for everyone.
- Mediation experience in a variety of family-related cases: Divorce, Parentage, Modifications of custody or parent-child contact, and Family communication issues.
- Also experience in areas such as business disputes, landlord-tenant matters, and foreclosure proceedings.
- Member, Vermont Family Mediators (VFaM)
- Panelist, Vermont Supreme Court Family Mediation Program.
- Consultant, The Mediation and Training Collaborative (TMTC of Greenfield, Mass).
- Mediation training at Harvard Law School; TMTC; and with Susan Terry, a Vermont mediation pioneer.
COLLABORATIVE LAW
- Collaborative Law is a way to resolve disputes respectfully, without going to court, with the support, protection, and guidance of specially-trained lawyers.
- It’s well-known that most court cases settle before trial, so why needlessly incur the significant expense and hassle of a litigated case when there is another way?
- In Collaborative Law, the parties agree:
- to negotiate a mutually acceptable settlement without going to court;
- to voluntarily exchange all relevant information;
- to retain a lawyer whose representation will end if the parties resort to court; and
- to jointly engage financial and other experts if needed
- Benefits of Collaborative Law:
- Reduces financial costs of dispute resolution
- Reduces emotional costs
- Values participants’ time and schedules – meeting times agreed by parties
- Protects confidentiality and avoids publicity
- Helps maintain relationships (e.g., the co-parenting relationship after a divorce)