§ 5711. Short title

§ 5711. Short title This chapter may be cited as the Vermont Uniform Mediation Act. (Added 2005, No. 126 (Adj. Sess.), § 1.)

§ 5712. Uniformity of application

§ 5712. Uniformity of application In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Added 2005, No. 126 (Adj. Sess.), § 1.)

§ 5713. Definitions

§ 5713. Definitions As used in this chapter: (1) “Court” means a court of competent jurisdiction in Vermont. (2) “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (3) “Mediation communication” means a statement, whether oral, in a record, […]

§ 5714. Scope

§ 5714. Scope (a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which: (1) the parties are required to mediate by statute or court or administrative agency rule, or referred to mediation by a court, administrative agency, or arbitrator; (2) the parties and the […]

§ 5715. Privilege against disclosure; admissibility; discovery

§ 5715. Privilege against disclosure; admissibility; discovery (a) A mediation communication is privileged and is not subject to discovery or admissible in evidence in a proceeding. (b) In a proceeding, the following privileges apply: (1) A party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication. (2) A mediator […]

§ 5716. Waiver and preclusion of privilege

§ 5716. Waiver and preclusion of privilege (a) A privilege under section 5715 of this title may be waived in a record or orally during a proceeding, if it is expressly waived by all parties to the mediation, and: (1) in the case of the privilege of a mediator, it is expressly waived by the […]

§ 5717. Exceptions to privilege

§ 5717. Exceptions to privilege (a) There is no privilege under section 5715 of this title for a mediation communication that is: (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) available to the public under 1 V.S.A. chapter 5, subchapter 3, or made during a session of […]

§ 5718. Mediator report; disclosure; background

§ 5718. Mediator report; disclosure; background (a) A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, agency, or other authority that may make a ruling on the dispute that is the subject of the mediation, but a mediator may disclose: (1) whether the case […]

§ 5719. Nonparty participation in mediation

§ 5719. Nonparty participation in mediation An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. (Added 2005, No. 126 (Adj. Sess.), § 1.)

§ 5720. Confidentiality

§ 5720. Confidentiality Unless subject to 1 V.S.A. chapter 5, subchapter 2 or 3, mediation communications are confidential to the extent agreed to by the parties or provided by law. (Added 2005, No. 126 (Adj. Sess.), § 1.)

§ 5721. Relation to Electronic Signature in Global and National Commerce Act

§ 5721. Relation to Electronic Signature in Global and National Commerce Act This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Act), 15 U.S.C. § 7001(c), except that nothing in this chapter modifies, limits, or supersedes Section 101(c) of the Act nor authorizes electronic delivery of any of […]

§ 5722. Severability clause

§ 5722. Severability clause If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, the provisions of this chapter are severable. […]

§ 5723. Application to existing agreements or referrals

§ 5723. Application to existing agreements or referrals (a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after July 1, 2006. (b) On or after July 1, 2008, this chapter governs an agreement to mediate whenever made. (Added 2005, No. 126 (Adj. Sess.), § 1.)