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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In Vermont, mediation is recognized as a valuable tool for dispute resolution in civil lawsuits. The process involves a neutral mediator who assists the disputing parties and their attorneys in negotiating a settlement. Vermont courts may order parties to participate in mediation to encourage settlement before a case goes to trial. While participation in mediation is often mandatory, reaching a settlement is not; parties retain the right to proceed to trial if they cannot resolve their differences through mediation. Importantly, Vermont law typically protects the confidentiality of mediation proceedings. This means that communications, negotiations, or settlement offers made during mediation are not admissible as evidence in trial, ensuring that parties can engage in open and honest discussions without fear that their words will be used against them in court.

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Civil litigation

mediation

Individual & Family Legal Plan

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Vermont State Code

Vermont State Code

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Civil litigation

mediation