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Vermont Environmental
Court
Mediation
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Information
The Vermont
Environmental Court Mediator List is now available on the
Judiciary website. The list is a roster of mediators who
have expressed a willingness to mediate land use and
environmental disputes throughout the state. These mediators
may also be available to help resolve environmental and land
use disputes before those disputes reach the Environmental
Court: that is, when matters are still before planning
commissions, development review boards, and/or zoning boards
of adjustment.
Mediators whose names appear on the
Environmental Court Mediator List do not have any
contractual relationship with the Environmental Court;
however, their credentials have been reviewed by that
court’s Advisory Committee on Mediation to make certain that
they meet minimum experiential requirements (completion of a
28-hour course in mediation and 30 hours’ mediation
experience, or 100 hours’ mediation experience). Each
mediator on the list has furnished a description of his or
her background, and has also specified the counties in which
he/she is available to mediate.
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Frequently Asked Questions
 Question: How do I find and choose a mediator for my case? |
The Environmental Court maintains a list of mediators who are available to mediate cases throughout the State. The Mediator Roster is available on the Court’s website. People on this list are professionally trained to be mediators. They also have Environmental Court training. You and the other parties can choose any person on this list to be your mediator. You and the other parties can also choose any other qualified mediator, as long as that person is acceptable to all the parties in your dispute.
If you’re not sure about using mediation in your case, or if you have questions about the process, you can call a person on the Mediator Roster to get more information about mediation, or you can speak with the Environmental Court Case Manager.
The cost of paying for a mediator is often split equally among all the parties in a mediation. However, which party pays what percentage of the mediator’s fee (or if one party will pay all the cost) can be discussed and negotiated, either when the parties agree to mediation or in the mediation itself. Different mediators charge different rates. You can compare rates by calling more than one mediator.
Additionally, each mediator on the Environmental Court Mediator Roster has agreed to take one “pro bono” case (that is, at no charge), if asked to do so by the Court. If you believe your income is low enough for you to quality for “in forma pauperis” status, you may petition the Court to assign a mediator to handle your matter “pro bono”.
| | Question: How do I get ready for Mediation? |
· Get all the documents or drawings you think are important to explain your side of the case. The mediator may ask you for copies of these and may ask you to send them to other parties.
· Have someone at the mediation who can make a final decision for your side.
· Think about what points you want the mediator and the other side to understand.
· Think about weak points in your case. Think about the strong points of the other side.
· Think about reasonable ways to resolve the dispute that would satisfy you.
· Realize there may be ways to resolve the dispute you haven’t considered. Be flexible.
· Many Environmental Court cases involve neighbors. If your case involves your neighbors, think about what you’d like your relationship with these neighbors to be like in the future.
| | Question: How does Mediation work? |
Mediation is less formal that a court proceeding. Mediation gives parties a lot of choice. The parties choose the mediator. They choose a meeting place, like a conference room in a convenient location. They choose a mediation date that’s convenient for all the parties.
The project applicant, the opponents, and a representative of the town usually attend a mediation. If these parties have attorneys, the attorneys would probably also attend the mediation.
In a typical mediation, the parties first meet all together with the mediator. Each side makes an opening statement with no interruptions. The parties (not just their lawyers) say what they feel about the issues and how they want to resolve the case.
Usually (but not always), the parties then discuss the issues together. At some point, they may split up and go to different rooms and the mediator would go back and forth between rooms to talk to different parties (like “shuttle diplomacy”). When a mediator meets alone with just one party without the other parties, this is called a “caucus.” In a caucus, a party and the mediator talk confidentially. They discuss a party’s interests and concerns. The mediator and a party will talk about whether or not what they say in a caucus is told to other parties. The mediator uses the caucus sessions to help the parties come up with settlement ideas and respond to settlements proposed by another party.
If the parties agree on how to settle the dispute, the mediator helps the parties write a simple settlement agreement. The parties may sign it right there. If the mediation doesn’t settle the case, the Environmental Court will proceed with the case and eventually issue a decision.
| | Question: What is Mediation? |
In mediation, parties meet and make their own decision about how to resolve a dispute. Mediation is a form of alternative dispute resolution (“ADR”). It’s an alternative to court (where the judge makes the decision). Courts around the country recommend mediation.
A mediator is a person chosen by the parties who was not involved in the dispute before. A mediator does not make a decision. The mediator helps the parties sort through the issues in the dispute. The mediator also helps the parties discuss possible settlements of the dispute. If the parties agree on a settlement, it’s written down in simple terms; this closes out the court case.
What are the benefits of mediation? What can you expect at your mediation session? How does it work? Who attends? What do you do? This document answers those questions.
| | Question: Why go to Mediation? |
Mediation is usually faster than court. The parties and the mediator can schedule a mediation session as soon as possible. In court, parties can wait months for a trial and a decision.
Mediation is more convenient. A mediation session is scheduled for a day and time that’s convenient for the parties. The court schedules trials during the workday.
Mediation is usually cheaper than going to trial, especially if lawyers or expert witnesses are involved in a case or if there are many court documents have to be filed or reviewed.
In mediation, you can tell your side of the story--in your own words. In a mediation, all the parties tell their side of the story, speak less formally than in court, and express their feelings. But the mediator keeps things under control. The mediator focuses on settling the dispute.
A mediation is confidential. In court, documents and hearings are open to the public.
Mediation can help a project applicant, neighbors, and the town resolve other issues related to the dispute and agree on ways to handle any future problems related to the project.
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Mediator's List
To view information about a mediator
click on the "+ " next to their name
| Address | Phone # | E-mail Address | Professional Experience (Provided by Mediator) | Counties Where Available |
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| Althea Lloyd, Esq. | | Hertz & Llyod
14 Elliot Street
Brattleboro, VT 05301 | (802) 254-4563 | tlloyd@sover.net | Thea Lloyd has over 10 years experience as a practicing mediator. She has mediated divorce and family matters, civil actions filed with the Superior Court, business, employment, real estate, and special education issues. A graduate of Northeastern Law School, Boston University, and Woodbury College mediation trainings, Thea has practiced law for 25 years and is a partner in the law firm Hertz & Lloyd in Brattleboro. | Bennington, Rutland, Washington, Windham, Windsor | | Anthony T. Stout | | Senior Planner
Heindel & Noyes, Inc.
P.O. Box 4503
Burlington, VT 05406 | (802) 658-0820, ext. 42 | astout@heindelnoyes.com | As a trained mediator and land use planner, Tony helps parties reach voluntary settlement of environmental disputes. He brings to the table 25 years of experience with Act 250, planning, and zoning, to help all sides search for a realistic, lasting agreement. Please call or email for fees and ground rules. | Addison, Chittenden, Franklin, Grand Isle, Lamoille, Rutland, Washington | | Arthur J. O'Dea | | VDRS
1013 Old Depot Road
Arlington, VT 05250 | (802) 375-0037 | VDRS@together.net | Intensive mediation courses and training at Ohio State University Law School in 1993 (a full-time 3 week course of study and training). Over 12 years of full-time mediation - apprpoximately 2500 arbitration/mediation cases. | All Counties | | Barbara Ripley | | 15 Mountainview Street
Montpelier, VT 05602 | (802) 272-2516 | parosbarb@gmail.com | Barbara Ripley has broad experience in environmental, land-use and regulatory matters, both in government and the private sector. She has particular expertise in federal and state wetlands permitting and enforcement, NPDES permits, FERC Hydropower Licensing and Section 401 Water Quality Certifications, hazardous and solid waste permitting and enforcement, Air Quality permitting, and Act 250. She also has experience in zoning and municipal matters, and in stakeholder process facilitation. | All Counties | | Barry R. Lawson | | Barry Lawson Associates
P.O. Box 26
Peacham, VT 05862 | (802) 592-3949 | lawson384@charter.net | Specializes in environmental, intergovernmental and real estate dispute resolution. Cases include negotiated rule-making and settlement of zoning issues. With a solid land use planning and natural resource background, he moderates hearings on controversial topics and facilitates strategy development throughout the country. Chaired a town planning commission for ten years. | Caledonia, Chittenden, Essex, Lamoille, Orleans, Rutland, Washington, Windham, Windsor | | Brice C. Simon | | Stevens Law Office
P.O. Box 1200
Stowe, VT 05672 | (802) 253-8547 ext. 18 | brice.simon@stowelawyers.com | Brice Simon has a J.D. and M.S.E.L. from Vermont Law School, and has a general litigation practice. Attorney Simon is a trained and experienced mediator. As an acting small-claims court judge, Mr. Simon has gained additional experience managing conflict. Combining a broad understanding of Vermont's land-use laws with practical litigation and mediation experience, I am available to assist municipalities, companies, neighborhood groups and individuals resolve disputes in Environmental Court. | Caledonia, Chittenden, Lamoille, Washington | | Carol Plante | | P.O Box 51
Cambridge, VT 05444 | (802) 644-1960 | carol@ten-towns.com | Ms. Plante is a professional mediator, facilitator and trainer in private practice. She holds a Bachelor's Degree in Environmental Management and a Professional Certificate in Mediation and Conflict Managementt. She specializes in identifying and transforming conflict communication issues and uses her management experience and dispute resolution skills to assist a broad spectrum of individuals, businesses and organizations in finding opportunity in conflict as their organizations evolve. | Addison, Caledonia, Chittenden, Essex, Franklin, Lamoille, Orange, Orleans, Washington | | Cindy Cook | | Adamant Accord, Inc.
Box 2
Adamant, VT 05640 | (802) 223-1330 | ccook@adamantaccord.com | I am a nationally-recognized leader in the field of environmental mediation. I chair the Environment and Public Policy Section of the Association for Conflict Resolution, and have an in-depth knowledge of Act 250 and local planning and zoning issues. I am the Director of the Community Conversations Project, and am a Fellow of the Land Use Institute at Vermont Law School, where I teach several courses on Alternative Dispute Resolution. I bring intelligence, warmth and humor to my work. | All Counties | | David Barra | | Unsworth & Barra PLC
P.O. Box 123
26 Railroad Ave.
Essex Junction, VT 05453-0123 | (802) 879-7133 | dbarra@unsworthbarralaw.com | David Barra has a statewide practice focusing on municipal and zoning issues. Mr. Barra represents individuals and municipalities in a wide variety of matters before the Environmental Court. He is also an experienced mediator and has received intensive training in conflict resolution. | All Counties | | Deedee Jones | | 15 Tyler Street
Brattleboro, VT 05301 | (802) 254-2203 | ddjones@sover.net | Deedee Jones, MA,has been practicing family and divorce mediation for over 15 years. She also mediates civil disputes through the Attorney General's Office, Human Rights Commission, and in local business and real estate matters. She is currently coordinator of the small claims mediation program in Windham Superior Court. | All Counties |
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