Title 12, Title 12: Court Procedure

§ 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 p…

§ 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 wai…

§ 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, …

§ 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 …

§ 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 A waiver of participation given before the mediation may be rescinded.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 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 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 su…

§ 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, a…

§ 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.…