Navigating the intricacies of a litigated workers’ compensation or civil liability claim can be difficult. When disputes arise, resolving them quickly and inexpensively benefits everyone. That’s why Vermont’s law requires mediation in every disputed workers’ compensation claim, and in most civil liability lawsuits as well.Workers' Compensation
An effective mediator knows how to assist the parties to a litigated dispute to recognize that their interests are not entirely incompatible. There is always common ground to be explored, with the possibility of joint gains to be realized. By facilitating communication and brainstorming options, the persistent mediator can shift the parties’ focus away from conflict and toward mutually acceptable solutions.Civil Liability
Mediation offers the parties to a disputed workers’ compensation or civil liability claim an opportunity to explore settlement possibilities in a non-threatening atmosphere. And they control the outcome as well. Mediation is quick, inexpensive, and, for most people, a satisfying rather than draining experience.Mediation Process
Phyllis Phillips is a trained mediator and former administrative law judge with decades-long experience in Vermont’s workers’ compensation law. She is skilled in the legal concepts that arise in civil liability claims as well, including those involving personal injury, property rights, employment, and sexual harassment.
Her approach to mediation is grounded not only in her ability to identify and address disputed legal issues, but also in her facilitative communication skills. These are necessary attributes for any successful mediator, no matter what the subject matter.
Litigation is all about legal issues. The “answer” to a litigated dispute is based entirely on the applicable statute or law. Most often, one party wins and the other party loses; there is no in-between. In contrast, the give-and-take flow of a mediated process encourages brainstorming, collaboration, and creative problem solving. For that reason, Phyllis stands with most litigants in preferring it to formal hearing or court proceedings.Phyllis Phillips