Mediation FAQs

What is mediation?

Mediation is a process that involves a mediator, i.e., a neutral third party who helps the disputing parties achieve a resolution that satisfies both of them. The mediator's primary function is to create constructive communication between parties and provide a forum where disputants can create a mutually satisfactory agreement. Mediators do not impose decisions; instead, they help people craft solutions that will work for them.

If you decide to retain a mediator in Vermont and want begin the Vermont mediation process, contact one of our experienced Vermont mediation attorneys today!

Why is mediation so popular?

Mediation has many qualities that make it appealing. In most cases, mediation is:

• conciliatory
• fair
• quick
• inexpensive
• voluntary
• confidential
  

Mediation also has several key benefits. It promotes:

• greater participant control
• customized agreements
• workable decisions
• mutually satisfactory outcomes
• improved relationships
• high rates of compliance
• decisions that hold up over time
  

When is mediation not appropriate?

Mediation may not be the most appropriate avenue for resolution in all cases. For example, it may not be appropriate in cases where:

• A definitive or authoritative resolution of the matter is required;
• The matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made;
• Maintaining established policies that apply to many people is especially important;
• The matter significantly affects persons or groups who are not parties to the process;
• A full public record of the proceeding is important;
• or The agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in light of changed circumstances.
  

How does mediation work?

Participants or observers may refer potential cases to the ADR Office. If all involved agree that mediation is appropriate, the parties and the ADR Specialist will set up reasonable time-frames for completing the mediation. The ADR Specialist will assist with obtaining an acceptable mediator.

A mediation involves four stages, which together may take as little as an hour and often take less than one day:

• Introduction
• Discussion of issues
• Development of options
• Agreement writing
• In the mediation session, the parties discuss the dispute with the assistance of the mediator. In most cases, the parties and the mediator (or co-mediator) are the only people present, although parties may choose to have a representative with them.
  

Will I lose any rights?

Trying mediation typically does not prevent you from pursuing formal grievance or complaint avenues in the event that an agreement is not reached. However, those other avenues may have deadlines that are unaffected by attempts to use mediation. Please contact the ADR Specialist for more information.

Is there ever more than one mediator involved?

Yes. Oftentimes two neutrals will co-mediate. In those cases, the mediators work together to share the responsibilities involved in helping parties resolve their dispute.

What is my role as a participant in mediation?

Your role in mediation is to negotiate with the other party in good faith. To improve the chances of success, consider the following:

• Look at the other party when speaking to them, and acknowledge that you have heard what they have to say.
• Listen calmly to the other party, even if you disagree.
• Keep your participation professional and cordial.
• Show empathy for the other person.
• Look for ways to improve communication.
• Demonstrate a commitment to fairness and to resolution of the issue.
  

If you decide to retain a mediator in Vermont and want begin the Vermont mediation process, contact one of our experienced Vermont mediation lawyers today!

	Did You Know?
	Mediation has many qualities that make it appealing. In most cases, mediation is: conciliatory fair quick inexpensive voluntary confidential Mediation also has several key benefits. It promotes: greater participant control customized agreements workable decisions mutually satisfactory outcomes improved relationships high rates of compliance decisions that hold up over time