Vermont Motion to Refer Case to Mediation

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US-02642BG
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

A party to a mediation cannot be forced to accept an outcome that it does not like. Unlike an arbitrator or a judge, the mediator is not a decision-maker. The mediator's role is, rather, to assist the parties in reaching a settlement of the dispute.

First, an individual must complete a 40-hour basic mediation training program that is approved by the Vermont Judiciary. This training covers the fundamentals of mediation, including communication skills, conflict resolution techniques, and ethical considerations.

All parties and their counsel must attend a scheduled mediation in person unless the parties stipulate that the mediation may be conducted remotely by video or by telephone, or the court, in its discretion, excuses a person from participation entirely, or authorizes a person, party, or all parties to participate by ...

The court carefully noted however, that there may be other means for courts to enforce contractual mediation clauses: Nor do we hold that agreements to mediate are per se unenforceable. They might be specifically enforceable in contract or under other law; that issue is not before us.

The mediator does not decide who is right or wrong and has no authority to impose a settlement on the parties. Instead, the mediator helps the parties to jointly explore and reconcile their differences.

The mediator assists and guides the parties toward their own resolution. The mediator does not decide the outcome, but helps the parties understand and focus on the important issues needed to reach a resolution.

The mediator has no power to make decisions. The dispute is settled only if all of the parties agree to the settlement. Mediation focuses on the interests and needs of the people involved rather than just what they say they want. Interests are the key to every dispute.

You should follow these tips about what to avoid saying and doing to improve your chances of a successful mediation. Don't Be Disrespectful. ... Mediation is Not About Placing Blame. ... Don't Demand More Money. ... Don't Introduce Brand New Information. ... Don't Say, ?That's Confidential Information? ... Don't Make Ultimatums.

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Vermont Motion to Refer Case to Mediation