Vermont § 5714 Scope

Vermont Statutes

§ 5714 — Scope

Vermont § 5714

Title 12Title 12: Court Procedure

Ch. 194Chapter 194: Uniform Mediation Act

This text of Vermont § 5714 (Scope) is published on Counsel Stack Legal Research, covering Vermont primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Vt. Stat. Ann. tit. 12, § 5714 (2026).

Text

(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 mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or

(3)the parties utilize as a mediator a person that holds himself or herself out as providing mediation services.

(b)This chapter does not apply to a mediation:

(1)relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;

(2)relating to a dispute that is pending under or is part of th

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(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 mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
(3) the parties utilize as a mediator a person that holds himself or herself out as providing mediation services.
(b) This chapter does not apply to a mediation:
(1) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
(2) relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter applies to a mediation arising out of such a dispute that has been filed with a court or with a public agency other than the federal Mediation and Conciliation Service or the Vermont Labor Relations Board;
(3) conducted under the auspices of a primary or secondary school where all the parties are students, or under the auspices of a correctional institution for youths where all the parties are residents of that institution; or
(4) conducted by a judge who might make a ruling on the case.
(c) If the parties agree in advance that all or part of a mediation is not privileged, the privileges under sections 5715 through 5717 of this title do not apply to the mediation or part agreed upon. The agreement must be in a signed record or reflected in the record of a proceeding. However, sections 5715 through 5717 of this title apply to a mediation communication made by a person who has not received actual notice of the agreement before the communication is made. (Added 2005, No. 126 (Adj. Sess.), § 1.)