Mediation vs. Litigation
March 26, 2024

Choosing the Right Approach for Your Vermont Divorce


Even the most straightforward divorces can become emotionally charged and complicated, leaving couples struggling with decisions about how to proceed. One of the most important choices a divorcing couple must make is whether to resolve their differences through mediation or litigation. Both options have their merits, but understanding their distinct differences is critical for making a decision that aligns with your needs and goals.


What is Mediation?


Mediation is a voluntary process in which divorcing couples work with a neutral third-party mediator to resolve their disputes outside of court. The mediator facilitates communication, assists in identifying issues, and helps the parties generate solutions that are acceptable to both sides. In Vermont, mediation is often encouraged as a means of reaching a mutually satisfactory agreement while minimizing conflict and litigation costs. Some of the many benefits of mediation include: 


Control and Flexibility 


Mediation empowers couples to maintain control over the outcome of their divorce by actively participating in the decision-making process. Unlike litigation, where a judge makes decisions based on legal arguments and evidence presented in court, mediation allows couples to tailor solutions that meet their unique needs and circumstances.


Cost-Effectiveness


Mediation typically involves fewer legal fees and court costs compared to litigation. Since the process focuses on resolving issues collaboratively, it can be more efficient and less time-consuming than waiting for court dates and engaging in lengthy legal battles.


Preservation of Relationships


Mediation fosters open communication and cooperation, which can be beneficial, especially when children are involved. By working together to find solutions, couples may preserve a more amicable relationship post-divorce, which can be advantageous for co-parenting and future interactions.


What is Litigation?


Litigation involves resolving divorce-related disputes through the court system, with each party represented by their respective attorneys. In Vermont, litigation typically follows a formal process, including pleadings, discovery, hearings, and, if necessary, trial. While litigation may be necessary in cases involving significant conflict or complex legal issues, it often entails a more adversarial approach compared to mediation. That being said, litigation does offer certain benefits over mediation, including:


Legal Protections and Adjudication


Litigation provides a structured legal process wherein a judge impartially evaluates the evidence and arguments presented by both parties. This can be advantageous in cases where there are concerns about fairness or when one party is unwilling to negotiate in good faith.


Binding Decisions


In litigation, court orders are legally binding and enforceable, providing a level of certainty and finality to the resolution of divorce-related issues such as property division, child custody, and spousal support.


Legal Advocacy


Each party has the opportunity to advocate for their interests and rights through legal representation in court. Attorneys can provide valuable guidance, protect their clients' legal rights, and ensure that their voices are heard throughout the litigation process.


Choosing the Right Approach for Your Divorce


Ultimately, the decision to pursue mediation or litigation depends on your unique circumstances, including the level of cooperation between you and your spouse, the complexity of your financial and familial situation, and your desired outcome for the divorce process. While mediation offers many benefits, it may not be suitable for every situation, particularly if there are concerns about power imbalances, domestic violence, or complex legal issues.


Deppman Law, PLC — Experienced Divorce Lawyers Serving All of Vermont 


At Deppman Law, PLC, we understand that every divorce is unique, and we are committed to helping our clients navigate the process in a way that meets their needs and goals. Whether you choose mediation, litigation, or alternative dispute resolution methods, our experienced family law team is here to provide guidance, support, and advocacy every step of the way. Contact Deppman Law, PLC, today to schedule a consultation.


May 11, 2026
One of the most common misconceptions about estate planning is that it is only about deciding who receives your assets after you pass away. While distributing property is certainly an important part of the process, a well-crafted estate plan can serve another equally valuable purpose — helping prevent family disputes. Unfortunately, disagreements among family members are not uncommon after a loved one’s death. Questions about inheritances, decision-making authority, and personal property can quickly create tension, even among close relatives. In some cases, these conflicts can lead to lengthy legal battles that drain both financial resources and family relationships. The good news is that thoughtful estate planning can significantly reduce the likelihood of these disputes and provide clarity during an already difficult time. Create a Clear and Comprehensive Estate Plan One of the leading causes of family conflict is uncertainty. When estate planning documents are outdated or nonexistent, surviving family members are often left to interpret what they believe their loved one would have wanted. A comprehensive estate plan typically includes a will, powers of attorney, advance healthcare directives, and, in some cases, a trust. These documents clearly outline your wishes and establish who is responsible for carrying them out. The more clearly your intentions are documented, the less room there is for confusion, disagreement, or competing interpretations. Keep Your Documents Up to Date Even the best estate plan can create problems if it no longer reflects your current circumstances. Major life events such as marriage, divorce, the birth of a child, the death of a beneficiary, or significant changes in assets should prompt a review of your estate planning documents. Outdated plans can unintentionally exclude loved ones or leave assets to individuals you no longer intend to benefit. Regular reviews help ensure that your plan remains aligned with your wishes and reduces the likelihood of surprises that can trigger family disputes. Choose the Right People for Key Roles Estate planning involves more than deciding who inherits your assets. It also requires selecting individuals to serve in important fiduciary roles, such as executor, trustee, agent under a power of attorney, or healthcare decision-maker. These responsibilities can be demanding and sometimes place family members in difficult positions. When choosing individuals for these roles, consider their reliability, organizational skills, ability to communicate effectively, and willingness to carry out your wishes. Selecting the right person can help prevent misunderstandings and build confidence among family members that your affairs will be handled fairly and responsibly. Be Thoughtful About Unequal Distributions Many people assume that assets must be divided equally among children or other beneficiaries. In reality, there may be valid reasons to leave different amounts to different individuals. However, unequal distributions can sometimes create resentment if family members do not understand the reasoning behind them. If your estate plan includes unequal gifts, consider discussing your intentions with your family or including a written explanation as part of your planning process. While these conversations may feel uncomfortable, they can often prevent misunderstandings and reduce the risk of challenges after your death. Address Family Businesses, Real Estate, and Personal Property Certain assets tend to create more conflict than others. Family businesses, vacation homes, farms, and sentimental personal property often carry emotional value that goes beyond their financial worth. A thoughtful estate plan should address how these assets will be managed, divided, or transferred. Clear instructions can help avoid disputes over ownership, use, maintenance responsibilities, or future sales. Taking the time to plan for these issues now can save your loved ones from difficult decisions later. Consider Using a Trust For some families, a trust can provide additional structure and protection. Trusts can establish clear rules for managing and distributing assets, reduce court involvement, and provide ongoing oversight through a designated trustee. Trusts can be particularly useful in blended families, situations involving minor children, or circumstances where beneficiaries may need assistance managing inherited assets. By clearly outlining how assets should be handled, a trust can reduce opportunities for conflict and help ensure your wishes are followed. Communication Can Make a Difference While estate planning documents are essential, open communication can also play an important role in preventing disputes. Family members are often less likely to challenge decisions when they understand the reasoning behind them. You do not need to disclose every detail of your estate plan, but discussing your general goals and intentions can help manage expectations and reduce the likelihood of surprises. Contact Deppman Law PLC Estate planning is about more than transferring assets—it is about protecting your loved ones and helping preserve family harmony for years to come. A carefully designed estate plan can provide clarity and minimize the risk of costly disputes. If you would like to create or update an estate plan that reflects your wishes and protects your family, contact Deppman Law PLC today . Our team can help you develop a comprehensive plan tailored to your unique circumstances and long-term goals.
April 14, 2026
Child custody orders are designed to provide structure, stability, and clarity for both parents and children. Unfortunately, even after a custody arrangement has been approved by the court, disputes can still arise. One parent may repeatedly miss exchanges, refuse to follow the parenting schedule, withhold communication, or make important decisions without consulting the other parent as required by the order. If your ex is not complying with a custody order, it is important to understand that the order is legally binding. While occasional misunderstandings can happen, repeated violations should not be ignored. Common Custody Order Violations Custody disputes can take many forms. Some of the most common violations include: Refusing to return a child at the scheduled time Denying court-ordered parenting time Frequently canceling visits without justification Failing to inform the other parent about important medical, educational, or extracurricular matters Making major decisions without the required consent of the other parent Interfering with communication between the child and the other parent Relocating with the child without proper notice or court approval Even when a parent believes they are acting in the child’s best interests, ignoring a court order can create legal consequences. Document the Problem If your ex is not following the custody order, one of the most important things you can do is keep detailed records. Courts rely on evidence, and clear documentation can help demonstrate a pattern of noncompliance. Consider keeping a log that includes: Dates and times of missed exchanges Copies of emails, text messages, or other communications Notes about conversations or incidents Information about any witnesses who observed the violations It is important to remain factual and objective. Detailed records often carry more weight than emotional accusations. Try to Resolve the Issue First Not every custody dispute requires immediate court intervention. In some situations, a direct conversation or written communication can resolve the problem. Misunderstandings, scheduling conflicts, and changes in circumstances sometimes contribute to custody disagreements. When communicating with the other parent, try to remain calm and focused on the child’s needs. Avoid arguments, threats, or inflammatory language, as these communications may later be reviewed by the court. Mediation may also be an option. A neutral mediator can help parents address ongoing conflicts and develop solutions without the expense and stress of litigation. When Court Intervention Becomes Necessary If violations continue despite your efforts to resolve the issue, you may need to seek assistance from the court. Vermont courts take custody orders seriously and have the authority to enforce them. Depending on the circumstances, a parent may file a motion asking the court to: Enforce the existing custody order Require makeup parenting time Hold the noncompliant parent in contempt of court Modify the existing custody arrangement Award attorney’s fees or other appropriate remedies The court will review the evidence and determine whether a violation occurred and what action is appropriate. Avoid Taking Matters Into Your Own Hands When frustrations build, it can be tempting to respond by withholding parenting time or ignoring parts of the custody order yourself. However, doing so can create additional legal problems and may weaken your position if the matter returns to court. Even if you believe the other parent is acting unfairly, it is generally best to continue following the existing order while pursuing legal remedies through the proper channels. Focus on the Best Interests of the Child At the center of every custody dispute is a child who benefits from stability, consistency, and healthy parental relationships whenever possible. Vermont courts evaluate custody issues based on the best interests of the child, and parents who demonstrate a willingness to support those interests are often viewed more favorably. If your ex is not following a custody order, addressing the issue promptly can help protect both your parental rights and your child’s well-being. Contact Deppman Law PLC If you are dealing with ongoing custody order violations or have questions about your rights as a parent, Deppman Law PLC can help. Our team can evaluate your situation, explain your legal options, and guide you through the process of enforcing or modifying a custody order when necessary. Contact Deppman Law PLC today to schedule a consultation and learn how we can help protect your family and your future.