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.


June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.
May 18, 2025
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