Detailed answer — next steps when mediation does not resolve a partition or probate dispute in Vermont

If mediation does not produce an agreement, the parties commonly must proceed to court for a binding decision. In Vermont, mediation is a voluntary form of dispute resolution. When it fails, the next procedural step depends on whether your dispute is a partition (co‑owners of real property) or a probate matter (will contests, administration of an estate, creditor claims, etc.).

Partition disputes (co‑owned real property)

When co‑owners cannot agree and mediation ends without settlement, a partition action typically goes to the Vermont Superior Court (Civil Division). In a court action the judge can:

• Order a partition in kind (divide the property among owners) if feasible;
• Order sale of the property and division of proceeds among owners;
• Appoint commissioners or a referee to handle valuation, sale logistics, or division;
• Resolve competing claims about ownership, liens, or encumbrances that affect how proceeds are divided.

Court-ordered partition often requires appraisal, discovery (exchange of documents, depositions), pretrial motions, and possibly a trial on factual issues such as contribution to improvements, equitable offsets, or adverse possession claims. Courts will weigh equitable considerations (who paid what, who contributed to mortgage, taxes, improvements) when dividing proceeds.

Probate disputes (will contests, administration, creditor claims)

If mediation fails in a probate matter, the probate court (or Superior Court acting in probate matters, depending on the issue) will hear the contested issues. The court can decide:

• Validity of a will or codicil;
• Interpretation of testamentary language;
• Accountings and surcharge claims against fiduciaries (executors, administrators);
• Allowance or disallowance of creditor claims; and
• Appointment or removal of fiduciaries.

Probate litigation may involve formal pleadings, discovery, evidentiary hearings, and trials. The court will apply Vermont probate statutes and case law when deciding the matter; if the case raises complex factual issues (e.g., allegations of undue influence or lack of capacity), the parties will likely need expert witnesses such as medical or forensic document examiners.

Temporary and interim relief

Even if mediation fails, you can ask the court for temporary orders to protect assets during litigation. Typical interim relief includes:

• Orders preventing sale or transfer of disputed property;
• Receivership or appointment of a temporary custodian to manage property;
• Orders directing a fiduciary to provide an accounting or to preserve estate assets.

Costs, timing, and likelihood of settlement after failed mediation

Court proceedings are generally more expensive and take longer than mediation. However, judges and court staff sometimes encourage renewed settlement efforts once the parties better understand their legal positions through pleadings and limited discovery. Some parties find that information learned in early court stages (e.g., a dispositive ruling on an important legal issue) prompts a settlement even after mediation failed.

Alternative to going all the way to trial: binding arbitration or a limited trial

If you want to avoid a full trial but need a binding result, parties can agree to arbitration or to submit a limited set of issues to a judicial referee. Arbitration is binding if the parties so agree; a referee’s findings may be adopted by the court. Discuss these options with counsel and ensure any agreement complies with Vermont rules and any statutory requirements for probate matters.

Where to find Vermont law that governs probate and estate matters

Vermont codifies probate and fiduciary law in Title 14 of the Vermont Statutes. That title covers will contests, administration of estates, and duties of fiduciaries. You can review Title 14 here: https://legislature.vermont.gov/statutes/title/14. For court procedures and local court resources, see the Vermont Judiciary: https://www.vermontjudiciary.org.

Helpful hints — practical steps if mediation fails

• Talk to a Vermont attorney experienced in partition or probate litigation early. They can explain likely court procedures, costs, timelines, and your chances of success.
• Preserve evidence: collect deeds, wills, codicils, account statements, tax bills, mortgage records, communications about the property or estate, and receipts for improvements or payments.
• Consider interim relief: ask the court for a temporary restraining order, accounting, or appointment of a custodian if assets are at risk.
• Get valuations: obtain one or more appraisals or financial statements so you know the property’s or estate’s value before court or renewed negotiation.
• Estimate costs: litigation and forced sales can consume a significant portion of value. Compare likely net proceeds from a court-ordered sale to what each party could receive in a negotiated buyout.
• Keep an open mind about settlement: mediation may have failed for lack of information. Discovery or expert reports can change positions and reopen settlement possibilities.
• Ask about qualified domestic mediation or elder mediation if the dispute involves incapacity, elder abuse concerns, or family dynamics—these programs can offer different structures and protections.
• Explore arbitration or referee options if you want a binding but faster alternative to full trial. Make sure any arbitration agreement fits Vermont rules for probate matters if the dispute involves an estate.