Reviewed August 2026
Mediation in Vermont
Vermont handles custody and divorce mediation through the Superior Court Family Mediation Program. A judge can order parties into mediation. A party or lawyer can also ask the judge to refer a case. Some cases start when someone contacts a mediator directly, before any court involvement. Unlike some states, Vermont does not assign a mediator for you. You pick one from the program's list who fits your situation. The program covers many family and probate matters. These include separation, divorce, post-divorce disputes, parentage and parental rights and responsibilities, financial and property settlements, child support, spousal maintenance, modification of support, and guardianships. Vermont keeps mediation affordable with a sliding fee scale tied to household income. It also draws a clear line between two types of mediation. When a judge orders mediation, the parties are generally expected to make a good-faith effort. When parties enter mediation voluntarily, either side can end it at any time.
Virdix's document-preparation product currently prepares divorce paperwork for California and Florida cases. This page explains how mediation works under Vermont law for people researching before they file. It is not legal advice, and Virdix does not prepare or file Vermont paperwork. See how Virdix works for California divorces.
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How a Vermont mediation case starts
A Vermont mediation case can begin in several ways. A judge may suggest or order the parties to meet with a mediator. A party or their lawyer can ask the judge to refer the case. Or someone can contact a mediator directly, before any court involvement. Once a case is headed to mediation, the party contacts a mediator from the program's public list. The mediator then talks with each party separately by phone. This call explains the process, answers questions, and screens whether mediation fits the case.
Court-ordered versus voluntary mediation
If a court order requires mediation, the parties are generally expected to make a good-faith effort. A mediator can end a session if the parties cannot agree how to move forward, or if the mediator decides they cannot facilitate the discussion. Still, the mediator will not pressure a party to keep meeting if that party wants to stop. In cases not referred by a court order, mediation is entirely voluntary. Either party can end a session at any time.
Cost and the sliding fee scale
Most Vermont mediators charge each party an hourly fee. If a party earns up to $50,000 a year, the court helps pay part of the mediator's hourly fee, for up to 10 hours. The party pays a reduced hourly rate based on household income, under the program's Uniform Sliding Fee Scale. Parties who do not qualify for that assistance pay a standard hourly fee set by the mediator. The court does not control mediator fees directly, so mediators may charge different rates to different people.
Confidentiality and the mediator's role
Vermont's program holds mediators to written standards of practice. Mediators will not share what a party says in mediation, except in limited circumstances discussed with the parties in advance. They will not take sides or tell a party who is right or wrong. They will respect a party's decision about whether to attend, or to accept or reject a proposed solution. They must also disclose any relationship or connection to either party. A mediator can tell a party what to expect in court but cannot give legal advice. Parties can bring a lawyer, relative, or friend to advise and support them during sessions.
How a mediated agreement becomes a court order
After the parties sign a mediated agreement, either party can bring it to court. They can ask the judge to include its terms in a court order. Once that happens, both parties must follow the order until a judge agrees to modify it. If the parties agree on some issues but not all, the mediator can draft an agreement covering just what was resolved. The parties can sign that partial agreement and submit it for court approval. A hearing is then scheduled to decide the remaining issues. A party dissatisfied with a mediator's conduct in a court-funded case can file a complaint. A court employee will investigate the complaint and respond within 30 days.
Not independently confirmed
- Confirm the VSCFMP Mediation Rule's full text at the link on the program page.
- Confirm with the assigned mediator or Family Division whether Vermont law codifies a domestic violence opt-out for mediation comparable to other states' Title 15 provisions.
- Exact current mediator hourly rates outside the sliding fee scale vary by mediator and were not independently confirmed.
Mediation in Vermont: frequently asked questions
Is mediation mandatory in a Vermont custody case?+
It can be, if a judge orders it. When a court order requires mediation, the parties are generally expected to make a good-faith effort. In cases without a court order, mediation is voluntary. Either party can end a session at any time.
How much does Vermont family mediation cost?+
Most mediators charge an hourly fee. If you earn up to $50,000 a year, the court helps pay part of the fee for up to 10 hours, under the Uniform Sliding Fee Scale. Your share is based on household income. Otherwise, you pay the mediator's standard hourly rate.
Who picks the mediator in a Vermont family case?+
You do. Unlike some states, Vermont's court does not assign a mediator. You or your former spouse or partner choose one from the program's public list. You can find that list through the Vermont Judiciary's Family Mediation Program page.
Is Vermont family mediation confidential?+
Yes, largely. Mediators follow written standards of practice. They will not share what you say, except in limited circumstances discussed with you in advance. They also will not take sides or judge who is right or wrong.
Can I bring a lawyer to Vermont mediation?+
Yes. You may bring a lawyer, relative, or friend to advise and support you during mediation sessions. The mediator can tell you what to expect in court but cannot give you legal advice. Because of that, many people also review any draft agreement with a lawyer before signing.
How does a Vermont mediated agreement become a court order?+
After both parties sign the agreement, either party brings it to court. They ask the judge to incorporate its terms into a court order. Once the judge does that, both parties must follow the order until a judge agrees to modify it.
This page is general information about mediation in Vermont, not legal advice for your situation. Laws, fees, and procedures change over time; confirm current details with Vermont's own courts before relying on anything here. Virdix is not a law firm and is not licensed to practice law in Vermont. Virdix does not prepare or file Vermont divorce paperwork. It is not a substitute for an attorney licensed in Vermont.
More Vermont divorce guides
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