What Is Mediation?

Rule 16.3 of the Vermont Rules of Civil Procedure requires alternate dispute resolution.  With rare exceptions, all personal injury cases have to go through this process before they are allowed to be tried before a court or a jury.         

Mediation is a proceeding where all parties meet to determine if a case can be resolved.  The mediation is overseen by a mediator who acts like a referee.  The mediator must remain neutral and should be free of any conflicts of interest.  Since most attorneys primarily represent claimants or insurance companies in their practice, it is important that the mediator has the trust of all parties.

In Vermont, there is no requirement as to who will be a mediator but they almost always are lawyers in civil suits involving personal injury claims.  Some former judges also serve as mediators and a few attorneys devote much of their practice to mediation.

It is entirely up to the parties as to whether they resolve their case at mediation and a result cannot be imposed by a mediator .  In other words, no one can make anyone do anything at a mediation that they do not want to do regarding resolving their case.  But it does provide a forum for cases to reach a resolution if all parties can agree.

Our law firm only handles personal injury claims, and we practice throughout the State of Vermont.  Our office is located in Bennington, Vermont and we only practice in Vermont.  If we can help click on the “Contact Us” page above or call us at 802-447-0100.