Vermont § 5718 Mediator report; disclosure; background

Vermont Statutes

§ 5718 — Mediator report; disclosure; background

Vermont § 5718

Title 12Title 12: Court Procedure

Ch. 194Chapter 194: Uniform Mediation Act

This text of Vermont § 5718 (Mediator report; disclosure; background) 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, § 5718 (2026).

Text

(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 is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;

(2)a mediation communication as permitted under section 5717 of this title; or

(3)a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.

(b)A communication made in violation of subsection (a) of this section may not be

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(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 is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance;
(2) a mediation communication as permitted under section 5717 of this title; or
(3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.
(b) A communication made in violation of subsection (a) of this section may not be considered by a court or other tribunal.
(c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting as a judge.
(d) Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a party or foreseeable participant in the mediation; and
(2) disclose as soon as is practicable before accepting a mediation any such fact known.
(e) If a mediator learns any fact described in subdivision (d)(1) of this section after accepting a mediation, the mediator shall disclose as soon as is practicable.
(f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections (d) and (e) of this section, the parties agree otherwise.
(g) A person who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute if requested to do so by a party.
(h) A person who violates subsection (d), (e), or (f) of this section is precluded from asserting a privilege under section 5715 of this title.
(i) Unless otherwise required by law, no special qualification by background or profession is necessary to be a mediator under this chapter. (Added 2005, No. 126 (Adj. Sess.), § 1.)