• There is one Environmental Court in the State of Vermont with statewide jurisdiction over certain environmental matters.
• The final court of appeal in the State of Vermont is the Vermont Supreme Court, which hears appeals of cases from all courts.
Depending upon the sort of case you have, you may, or may not, be entitled to a jury trial. There is usually a right of appeal. Some cases are appealable to another trial court for a rehearing of the evidence, while most cases are appealed on the record made at the trial to the Vermont Supreme Court.
Going to court can be an intimidating experience. The language and the process may seem strange if you are not familiar with it. Where important rights are at stake, you are well advised to have an attorney help you.
In almost all proceedings you can represent yourself, or appear “pro se” (for yourself). If you are going to court it is a good idea to understand exactly what is the matter being decided and what options are available to you and to the court. You may contact the court ahead of time and learn from the clerk of the court when and where to be and what sorts of things you should bring. The court staff will give helpful information about the process if they can, but they cannot give legal advice or help you prepare your case. Often there are pamphlets available at court that describe the different processes. You should have prepared yourself before going to court for a trial, having all your evidence and witnesses ready.
Some organizations offer free or low-cost legal advice to low-income Vermonters in certain types of cases. A good place to start is Vermont Legal Aid, at 1-800-889-2047.
Alternative Dispute Resolution
Increasingly, disputes traditionally resolved by judges in courtrooms have begun to be handled by methods of alternative dispute resolution, or ADR. Forms of ADR include mediation, arbitration, and conciliation. Mediation is the most popular.
Mediation allows people to reach compromise agreements without having to pay the high emotional and financial costs of litigation. Mediation also takes place much more quickly than do court hearings. If both parties agree to mediation, for example, a dispute might be resolved in one day! There are a number ofl lawyers who specialize in mediation. They can be found in the Yellow Pages under “Mediation Services” or by contacting the clerk of the court.
On Your Own, 2008 Edition 81
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