Do You Need an Attorney for Mediation?

September 16, 2026

People considering mediation often want a more direct way to resolve a disagreement, with less expense and uncertainty than a prolonged legal dispute. That can lead to a practical question: 


Should an attorney be involved, or would bringing one make the process more adversarial?


Mediation and legal representation can work together. Whether you should consult an attorney (and whether that attorney should attend the session) depends on the dispute and any applicable court requirements. Understanding the different roles can help you decide what support you need.


A Mediator and an Attorney Have Different Responsibilities

The mediator serves as a neutral third party. The mediator guides the discussion and helps participants explore possible agreements, without representing either side. Your attorney has a different responsibility — advising you about your rights and interests. That may include explaining how the law applies to your circumstances or assessing the consequences of a proposed settlement. Even when a mediator is also a practicing attorney, serving as the mediator does not make that person your lawyer. Participants should not expect the mediator to recommend which legal rights they should give up or tell them whether a particular deal protects their interests.


Legal Advice Can Help Before Mediation

An attorney consultation before mediation can help you enter the discussion with a clearer understanding of your options.

For example, someone negotiating a business separation may need advice about obligations under an existing ownership agreement. A person discussing property division may need to understand how a proposed arrangement would affect their legal or financial responsibilities.

Knowing those issues in advance can help you evaluate proposals more thoughtfully. It can also help distinguish an outcome you would prefer from one you could reasonably accept. Consulting an attorney does not require approaching mediation as a fight. Legal advice can support realistic expectations and informed decisions.


Does Your Attorney Need to Attend?

The answer depends partly on the setting. In some mediations, participants meet with the mediator themselves and consult their attorneys outside the sessions. In others, attorneys attend and help negotiate throughout the process. Court rules can also affect attendance. For civil mediation governed by Vermont Rule of Civil Procedure 16.3, parties and their counsel generally must attend, subject to the rule’s provisions for remote participation or court-authorized exceptions. Participants should confirm the requirements that apply to their case. Discussing attendance with the mediator in advance helps everyone understand who will participate and how the session will proceed.


Reviewing an Agreement Before Signing

Legal advice can be especially helpful when the parties have developed proposed settlement terms. An agreement may sound straightforward during a conversation but leave important questions unanswered. A payment arrangement, for instance, should address when payments are due and what happens if they are missed. An agreement involving property may require additional documents to carry out the transfer. An attorney can review the language and explain its consequences before you commit. Vermont’s family mediation guidance specifically allows participants to bring a draft agreement to an attorney before signing and return to mediation to discuss revisions.


Choosing the Support That Fits Your Situation

The appropriate level of attorney involvement may depend on how much is at stake and how comfortable you feel evaluating the proposed terms. Complicated obligations or concerns about pressure from the other party deserve particular attention. If cost is a concern, you can ask an attorney whether a limited consultation or agreement review is available and appropriate for your circumstances.



Contact Langrock Mediation

You do not need to have every question answered before exploring mediation. An initial conversation can help you understand the process and discuss how attorneys may participate.

To learn more about mediation and what to expect when working with legal counsel, reach out to Langrock Mediation for more information.

What Happens If You Don’t Reach an Agreement in Mediation?

August 14, 2026
People often enter mediation hoping to resolve their dispute and put a difficult situation behind them. But they may also worry about what happens if the conversation ends without an agreement. Will they have wasted their time? Will they have to go straight to court? A mediation session does not have to resolve every issue to be useful. Sometimes the parties need more information before making a decision. In other cases, they settle part of the dispute or leave with a clearer understanding of what remains unresolved. What happens next depends on the circumstances and whether further discussions would be productive. The Mediator Does Not Impose an Outcome A mediator helps participants explore possible solutions, but does not decide the dispute. If the parties cannot reach an agreement, the mediator cannot require either side to accept particular terms. That distinction matters even when a court requires participation in mediation. An obligation to attend does not mean an obligation to settle. Participants should understand any requirements that apply to their case while recognizing that the decision to accept a proposed resolution remains theirs. Some Issues May Be Resolved Disputes often involve several separate questions. Agreeing on some of them can reduce the work needed to resolve the rest. For example, business partners might agree on how to divide equipment while remaining apart on the value of one partner’s ownership interest. Parents might settle a regular parenting schedule but need more discussion about school vacations. A partial agreement can help preserve that progress. Before signing anything, however, participants should understand whether those terms are intended to stand on their own or depend on resolving the entire dispute. Independent legal advice can help clarify those consequences. Vermont’s family mediation guidance expressly recognizes that parties may resolve some issues while leaving others for the court. A Pause Can Help Move Discussions Forward Sometimes negotiations stall because an important question cannot be answered during the session. A property valuation may be missing, or someone may need to confirm whether a proposed payment arrangement is financially workable. Continuing under those circumstances may accomplish little. Taking time to obtain the necessary information can give the parties a more useful starting point for another conversation. Before pausing, it can help to identify what information is needed and who will obtain it. The parties can also discuss whether to schedule another session or reconnect once that work is complete. Further Negotiation May Still Be Possible Leaving without a settlement does not necessarily end the opportunity to negotiate. Participants may reconsider a proposal after having time to reflect or speak with an attorney. A later discussion may focus on a narrower disagreement than the one that brought everyone to mediation. Even when positions remain far apart, understanding the other party’s priorities can help identify a different approach. Additional mediation is not always appropriate, however. If further sessions are unlikely to help, the parties may need to consider other ways to resolve the remaining issues. Court Proceedings May Continue When a lawsuit is already pending, unresolved issues may proceed through the court process. Participants should not assume that mediation pauses filing deadlines or changes an existing court schedule. Those obligations should be checked separately. An attorney can help assess the available options and explain what proceeding with litigation would involve. That discussion can also help participants evaluate whether another settlement effort makes sense. Contact Langrock Mediation Reaching a complete agreement is an important goal, but progress can take more than one conversation. Understanding the available next steps can help participants make thoughtful decisions about how to proceed. If you have questions about mediation or what happens when a dispute remains unresolved, reach out to Langrock Mediation for more information.

Beyond the Dollar Amount and What Mediation Can Address That Litigation Often Cannot

July 14, 2026
When people think about resolving a legal dispute, the conversation often centers on money. How much is the claim worth? How much will one side pay? What might a judge or jury award? Financial considerations are important in many disputes, but they are not always the only issue standing between the parties and a resolution. Sometimes what people really need involves how they will interact in the future, when an obligation will be fulfilled, what happens to a piece of property, or simply an acknowledgment of what occurred. A courtroom is designed to provide legal remedies. Mediation gives the parties an opportunity to think more broadly about what it will actually take to resolve their disagreement. Some Solutions Do Not Fit Neatly Into a Judgment Courts generally must work within the remedies available under the law. Depending on the case, that may mean awarding damages, determining legal rights, enforcing an agreement, or ordering another form of relief. Those remedies may resolve the legal case without necessarily addressing everything that led to the dispute. Consider two business owners who want to end their partnership but still share customers, property, or contractual obligations. A financial award alone may not answer the practical questions about how they separate their interests. The same can be true in disputes involving neighbors, employers and employees, family businesses, property owners, or parties to a long-term contract. Even after determining who is legally responsible, there may still be questions about what happens next. Mediation allows the parties to make those practical concerns part of the conversation. A Settlement Can Include More Than Money Because a mediated resolution is negotiated by the parties, there is often greater flexibility in determining its terms. Depending on the dispute, an agreement might establish a payment schedule rather than require a single payment, allowing the parties to reach terms that are financially workable. In other cases, the most important provisions may have little to do with money. Parties might agree on how property will be used or divided, establish responsibilities going forward, modify an existing business arrangement, or determine how future communication will occur. Confidentiality can also be important, particularly when a dispute involves a business, professional relationship, or sensitive information. When appropriate, confidentiality provisions can become part of a negotiated settlement. Sometimes a party wants an acknowledgment or apology. While that may have little measurable financial value, it can be significant to the person receiving it and may help overcome an obstacle that has prevented the dispute from settling. These possibilities do not mean that every request will become part of an agreement. Mediation remains a negotiation, and both sides must be willing to accept the final terms. The advantage is that the parties can explore solutions based on what matters to them rather than limiting the discussion to what might ultimately be ordered in court. Finding a Resolution That Works in Practice A successful settlement is not necessarily one in which either side gets everything it wanted. Often, it is one that allows both parties to put the dispute behind them on terms they can accept. That can require looking beyond positions the parties have taken during litigation and identifying the interests behind them. A party insisting on a particular dollar amount, for example, may be more concerned about receiving payment promptly and reliably. Another may be willing to make a greater financial concession in exchange for confidentiality or certainty about future obligations. Mediation creates a setting in which those priorities can become part of the negotiations. By considering solutions beyond a traditional judgment, the parties may find options that address the legal dispute as well as the practical issues that matter after it ends. Contact Langrock Mediation  Every conflict is different, and not every dispute can be resolved through mediation. When the parties are open to negotiation, however, the ability to consider a wider range of terms can create opportunities that litigation alone may not provide. To learn more about mediation and the types of solutions that may be available in your dispute, reach out to Langrock Mediation for more information.

Buying a Small Business in Vermont and What to Know Before You Sign

June 17, 2026
Buying an existing business can be an appealing alternative to starting one from scratch. The customer base, employees, equipment, vendor relationships, and operating history may already be in place. But a business that looks successful from the outside can come with obligations and risks that are not immediately apparent. Before signing a purchase agreement, buyers should understand exactly what obligations may come with the transaction and whether the business is in the financial and legal position the seller has represented. Look Beyond the Financial Statements Financial records are an important part of evaluating a potential acquisition, but due diligence should extend well beyond revenue and profitability. A buyer should review the business's tax records, debts, pending or threatened litigation, insurance coverage, licenses and permits, and any liens or other claims involving business assets. Existing contracts also deserve careful attention. Agreements with customers, vendors, suppliers, lenders, and other third parties can have a significant impact on the value of the business. Some contracts may be transferred to a new owner, while others require consent or contain provisions allowing the other party to terminate the agreement after a change in ownership. If the business operates from leased property, the commercial lease can be equally important. Buyers should understand how much time remains on the lease, renewal options, rent increases, maintenance obligations, and whether the landlord must approve an assignment or a new lease. Vermont buyers should also be aware of state-specific obligations that can arise in connection with a business transfer. For example, Vermont law includes notice requirements involving certain bulk transfers of business assets and provisions that may affect a buyer that continues the operations of an existing employer. Know the Value of What You Are Buying Employees can be one of a business's most valuable assets, particularly when customer relationships or specialized knowledge depend on particular people. Before closing, buyers should understand the existing workforce, compensation and benefits, employment agreements, accrued obligations, and any ongoing employment disputes. In Vermont, acquiring and continuing an existing business can also have implications for unemployment insurance. Under certain circumstances, an acquiring business may be treated as a successor employer, and the predecessor's experience-rating record may transfer to the successor. Buyers should also identify precisely which physical and intangible assets are included in the purchase. Depending on the business, that might include equipment, inventory, vehicles, intellectual property, websites and domain names, customer information, trade names, or other valuable rights. It is important to determine not only that the seller possesses these assets, but also whether they are subject to liens or security interests that need to be addressed before closing. Asset Purchase or Equity Purchase? One of the most important decisions in structuring an acquisition is whether to purchase the assets of the business or the ownership interests in the company itself. In an asset purchase, the buyer generally purchases specifically identified assets and assumes only the liabilities identified in the agreement, subject to applicable law. This structure can give the parties greater ability to define what is — and is not — part of the transaction. In an equity purchase, the buyer purchases ownership of the existing company. The business entity continues to own its assets and remain subject to its contractual obligations and liabilities. That makes a careful investigation of the company's history particularly important. Neither structure is automatically better. Tax consequences, contracts, licenses, liabilities, financing, and the buyer's plans for the business can all influence how a transaction should be structured. Contact Deppman Law PLC  Purchasing a business is a significant investment, and issues discovered after closing can be far more difficult and expensive to address than those identified during negotiations. An attorney can help evaluate the proposed transaction, conduct legal due diligence, identify potential risks, and prepare or review the agreements necessary to protect the buyer's interests. If you are considering buying a business in Vermont, contact Deppman Law PLC to learn more about the acquisition process and the steps you can take before signing.