Mediation is a process in which separated parents define their differences, explore their interests, evaluate possible solutions, and create written agreements.

Mediation can occur before, during , and after a separation and/or divorce or civil union dissolution.

The mediators are neutral and do not represent any one point of view. They do not decide who is right or wrong but help parties communicate in an informal and confidential setting.

The mediation sessions are focused on the parents making agreements about things like: decision making about the children, parent to parent communication, parent-child contact schedules, division of property and debt, support of spouse and/or children, tax issues, etc.

Should I Consider Mediation? Yes…..

If you want to make your own decisions together regarding your separation and/or divorce rather then having lawyers negotiate for you, or rather than having a Judge make these decisions.

If you would like to work out arrangements in a setting more private and confidential than Family Court.

If you would like to reduce conflict and attempt to come to some agreements with the other party.

Is Mediation for Everyone?

No.

Mediation does not work in cases when one or both parties wish to use the separation or divorce process to “punish” or “get even” with the other.

If either party feels fearful or terribly intimidated by the other, because of past or current psychological or physical abuse, then mediation is not appropriate.

If either party is engaging in habitual substance abuse (such as alcohol or drugs), mediation may not be helpful. People who are dependent upon regular substance abuse often have difficulties keeping their agreements, thus mediation in these cases frequently fails.

What Does the Mediator Do?

The mediator provides a setting and structure where each person can fully describe his or her own point of view.

The mediator helps parties along by asking relevant questions. This helps each person to clarify what issues they feel are important.

There is an opportunity to identify and compare possible solutions and outcomes.

The mediator will draft a memo reflecting your agreements. You may choose to bring this document to attorneys and/or submit the document directly to the Family Court for approval and to be ordered by a Judge.

What are the Benefits of Going to Mediation?

Mediation provides a structure at a time when communication is often difficult.

Parents learn to make the change from being conflicting spouses to cooperating co-parents.

Children benefit from the example of their parents working out their differences.

Agreements made in mediation are usually more workable, thus less likely to return to Family Court than arrangements ordered by a Judge.

Mediation is often much less expensive than other processes of negotiation and resolution.

How Long Does it Take and What is the Cost?

Most mediation sessions are one to two hours long.

The number of sessions parents may need depends on their level of conflict and the number of issues they want to address. Most parties are able to resolve some or all of their issues in two to six sessions

Most mediators charge on an hourly basis.

The mediators listed are contracted with the Vermont Family Court Mediation Program. They are able to slide their fee depending upon your household income and other qualifications.

Can I Still Have an Attorney?

Yes. Consulting with an attorney is always advisable when making legal decisions. Although the mediators can give you information about the legal process, mediators cannot give legal advice.

Although you are certainly not required to get legal advice, many people find that they benefit from obtaining legal counsel before, during or upon completion of the mediation process.

Parties often choose to have separate attorneys review their final written agreements made in mediation.

How Does Mediation Differ from Going to Court?

Separating parents often desire a fair and cooperative solution, one without the financial and emotional cost of a contested hearing.

Mediation is a voluntary and private means of resolving the issues of separation and divorce.

It is a less formal process than public Family Court hearings.

Mediators can spend more time with you both and may produce documents that contain more detail than the staff at Family Court.

The end result of the mediation sessions is a written document that clearly defines and outlines the agreements the two of you have reached.

How Does Mediation Differ from Counseling or Therapy?

The goal of mediation is the resolution of a specific set of issues you present to the mediator.

There is not an in-depth exploration of the aspects of the former relationship, as mediators do not provide psychological counseling.

The mediator may focus the attention of the parents away from the past, to concentrating on making specific plans for the present and future.

What if We Can’t Reach Agreement on All of Our Issues?

If you are able to agree on some, but not all issues, the things that you do agree upon can be written up in a document for you to take to a lawyer for review. If you choose not to use an attorney, you can submit the document directly to the Family Court for approval.

You can also look to other means of resolving the remaining contested issues such as using an attorney’s assistance in negotiation and/or asking the Family Court to schedule a hearing to resolve the remaining issues.

How Do I Start the Mediation Process?

You can call any of the mediators listed on this website and the mediators will return your call and further explain the process. The mediator will ask some questions about your situation and then may suggest setting up an appointment for the two of you if appropriate.

After reviewing the list of mediators in your area, you may wish to call more then one mediator before making your selection.

Make Sure The Mediator

Explains the mediation process and any ground rules.
Informs you of his or her mediation training and experience.
Informs you of his or her knowledge of the issues you want to address in mediation.
Discloses any professional or personal relationships or potential biases involving any of the parties.
Gives you an estimate of the time and fees involved.

A Mediator Should

Be impartial and neutral.
Maintain confidentiality and explain any exceptions at the beginning of the process.
Make clear that the process is voluntary and that any party, including the mediator, may withdraw at any time for any reason.
Make sure the mediation process feels safe and non-threatening.
Make sure all the issues are considered.
Be attentive to the needs of all other interested parties such as the children in the family.
Assist parties in the most efficient use of time in reaching solutions.
Be familiar with relevant legal issues in the dispute.
Recommend legal, financial, or therapeutic counseling when necessary.
Work for a fair agreement for all parties.

In Mediation You Should Feel

Comfortable talking with your mediator.
That the mediator is treating both sides fairly and listening to both sides.
Better able to negotiate with the other party when the mediator is present.
That you are freely involved in the process and assisted in exploring options for solutions.
That any written agreement accurately expresses the work done in mediation.

About Subsidized Mediation and The Sliding Fee Scale

The mediators listed provide a sliding fee to eligible parents subsidized by the State of Vermont. The mediators are under contract with the Court Administrator of the Vermont Supreme Court.

Subsidized mediation is offered according to each individual parent’s household income.

The mediator determines the fee per person per hour after reviewing the fee Application for Subsidy form (with proof of income attached).

Each eligible case is allowed up to 8 hours of subsidized mediator time.

Most mediators will expect payment at the end of each mediation session.

Some of the mediators bill parties for appointments canceled with less than 24 hours notice.

Vermont Family Court Mediation Program

March 2006

Uniform Sliding Fee Scale

Income (Per Household)	Fee (Per Person Per Hour)
Above $30,000	Mediator's full fee
$30,000	$30
$27,000	$25
$24,000	$20
$21,000	$15
$18,000 and Under	$10

Vermont Family Court Mediation Program Information

Mediators are contracted with the Court Administrator of the Vermont Supreme Court.

Families who use subsidized mediation will be asked to fill out a client satisfaction form. This form will be provided to you by your mediator and will include a self-addressed stamped envelope so the form can be mailed directly to the Vermont Family Court Mediation program anonymously.

Any complaints or concerns should be directed to the mediator and to the Manager of the Vermont Family Court Mediation Program 802-951-4049 or toll free in VT 1-800-622-6359.

The Vermont Family Court Mediation Program is based upon the philosophy that children benefit when their parents are able to protect them from destructive adult conflict and can cooperatively work towards solutions.