Alternatives to Court

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)