Title 12, Court Procedure

§ 5671. Jurisdiction The making of an agreement to arbitrate which is subject to this chapter confers jurisdiction on the Superior Court for proceedings under this chapter. Except where the context requires a broader reading, the term “court” as used in this chapter means the Sup…

§ 5672. Venue (a) An initial application to the Superior Court may be made: (1) in any county in which the agreement provides that arbitration hearings shall be held; or (2) if a hearing has been held by arbitrators, in the county in which it was held; or (3) in other cases, in t…

§ 5673. Applications to court; service (a) Except as otherwise provided, an application to the Superior Court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law or rule for the making and hearing of motions. (b) Unless the p…

§ 5674. Proceedings to compel or stay arbitration (a) On application of a party showing an agreement subject to this chapter and the opposing party’s refusal to arbitrate, the court shall order the parties to proceed with arbitration. If the opposing party denies the existence of…

§ 5675. Appointment of arbitrators (a) On application of a party, a court shall appoint one or more arbitrators if: (1) the arbitration agreement does not provide for a method of appointment; or (2) the agreed method fails or for any reason cannot be followed; or (3) an appointed…

§ 5676. Confirmation of an award Upon application of a party to confirm, modify, or vacate an award, the court shall confirm the award unless it finds grounds for vacating or modifying the award. (Added 1985, No. 95, § 2.)

§ 5677. Vacating an award (a) Upon application of a party to confirm, modify, or vacate an award, the court shall vacate an award where: (1) the award was procured by corruption, fraud, or other undue means; (2) there was evident partiality by an arbitrator appointed as a neutral…

§ 5678. Modification of award (a) Upon application of a party to confirm, modify, or vacate an award, and made within 30 days after delivery of a copy of an award to the applicant, the court may submit the award to the arbitrators for modification or may consider modification und…

§ 5679. Judgment or decree on award Upon the granting of an order confirming or modifying an award, judgment shall be entered in conformity therewith and be enforced as any other judgment. Costs of the application, of the proceedings subsequent thereto, and of disbursements may b…

§ 5680. Judgment roll; docketing (a) On entry of judgment, the clerk shall prepare the judgment roll consisting, to the extent filed, of the following: (1) the agreement and each written extension of the time within which to make the award; (2) the award; (3) a copy of the order …

§ 5681. Appeals (a) An appeal may be taken from: (1) an order denying an application to compel arbitration; (2) an order granting an application to stay arbitration; (3) an order confirming or denying confirmation of an award; (4) an order modifying or correcting an award; (5) an…

§ 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 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 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 th…

§ 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 ag…

§ 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.…

§ 5751. Legislative findings and purpose The General Assembly finds that agricultural production is a major contributor to the State’s economy; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of existing and the…

§ 5752. Definitions As used in this chapter: (1) “Agricultural activity” means, but is not limited to: (A) the cultivation or other use of land for producing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; the raising, feeding, or management of domest…

§ 5753. Agricultural activities; protection from nuisance lawsuits (a) No agricultural activity shall be or become a nuisance when the activity is conducted in accordance with generally accepted agricultural practices. (b)(1) In order to assert nuisance protection under this chap…

§ 5754. Liberal construction; severability (a) This chapter is remedial in nature and shall be liberally construed to effectuate its purposes. (b) If any provision of this chapter is held invalid, the invalidity does not affect other provisions of this chapter that can be given e…

§ 5754a. Required mediation prior to suit (a) A person shall not bring a court action based on a claim of nuisance arising from an agricultural activity unless the person and the operator of the agricultural activity, at least once, attempt to resolve through mediation the issue …

§ 5755. Findings The General Assembly finds that: (1) Private and public forestlands: (A) constitute unique and irreplaceable resources, benefits, and values of statewide importance; (B) contribute to the protection and conservation of wildlife, wildlife habitat, air, water, and …

§ 5756. Definitions As used in this chapter: (1) “Commissioner” means the Commissioner of Forests, Parks and Recreation. (2) “Conventional forestry practices” means: (A) forestry operations; (B) a change in ownership or size of a parcel on which a forestry operation is being cond…

§ 5757. Forestry operations; protection from nuisance lawsuits (a) Except as provided for under subsections (b) and (c) of this section, a person conducting a conventional forestry practice shall be entitled to a rebuttable presumption that the conventional forestry practice does…

§ 5761. Definitions As used in this chapter: (1) “Perishable foods” means any food that may spoil or otherwise become unfit for human consumption because of its nature, type, or physical condition. Perishable food includes fresh or processed meats, wild game, fish, poultry, seafo…

§ 5762. Liability for canned or perishable foods or farm products distributed free of charge (a) Notwithstanding any other provision of law, a good-faith donor of any canned or perishable food or farm product, apparently fit for human consumption, who donates to a person for cons…

§ 5771. Defamation action; attorney’s fees If judgment is rendered for a defendant in a defamation action and the court finds that the action was frivolous and without merit, the court may award costs and reasonable attorney’s fees to the defendant. (Added 1985, No. 244 (Adj. Ses…

§ 5781. Nonprofit organizations A person who serves without compensation as a director, officer, or trustee of a nonprofit organization qualified as tax-exempt under Section 501(c) of the Internal Revenue Code of 1986, as from time to time amended, shall not be held personally li…

§ 5782. Libraries A person employed by a library with or without compensation shall not be held personally liable for damages resulting from: (1) information contained in any library materials; or (2) library services provided to library patrons in the course of his or her duties…

§ 5783. Hazardous materials accidents (a) No action for damages to person or property may be maintained against a person who provides emergency assistance or advice in mitigating or attempting to mitigate the effects of an actual or threatened accidental discharge of hazardous ma…

§ 5784. Forcible entry of motor vehicle to remove unattended child or animal A person who forcibly enters a motor vehicle for the purpose of removing a child or animal from the motor vehicle shall not be subject to civil liability for damages arising from the forcible entry if th…

§ 5791. Purpose The purpose of this chapter is to encourage owners to make their land and water available to the public for no consideration for recreational uses by clearly establishing a rule that an owner shall have no greater duty of care to a person who, without consideratio…

§ 5792. Definitions As used in this chapter: (1) “Consideration” means a price, fee, or other charge paid to or received by the owner in return for the permission to enter upon or to travel across the owner’s land for recreational use. Consideration shall not include: (A) compens…

§ 5793. Liability limited (a) Land. An owner shall not be liable for property damage or personal injury sustained by a person who, without consideration, enters or goes upon the owner’s land for a recreational use unless the damage or injury is the result of the willful or wanton…

§ 5794. Landowner protection (a) The fact that an owner has made land available without consideration for recreational uses shall not be construed to: (1) limit the property rights of owners; (2) limit the ability of an owner and a recreational user of the land to enter into agre…

§ 5795. Exceptions This chapter shall not apply to lands owned by a municipality or the State. (Added 1997, No. 110 (Adj. Sess.), § 1.)

§ 5797. Civil action (a) Every person who, under color of any statute, ordinance, regulation, custom, or usage, subjects or causes to be subjected any citizen of the State of Vermont or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or …

§ 5801. Forms of oaths prescribed The forms set out in this chapter shall be the forms of oaths to be administered to officers and persons as hereinafter mentioned.