The Vermont Statutes Online

Title 12 : Court Procedure

Chapter 163 : Chancery Proceedings

Subchapter 009 : MEDIATION IN FORECLOSURE ACTIONS

• § 4634. Mediation report

  (a) Within seven days of the conclusion of any mediation under this subchapter, the mediator shall report in writing the results of the process to the court and both parties, and shall provide a copy of the report to the Office of the Attorney General for data collection purposes. The report submitted to the Attorney General’s office shall include, in addition to the information identified in subsection (b) of this section, all applicable government loss mitigation program criteria, inputs, and calculations performed prior to or during the mediation and all information related to the requirements in subsection 4633(a) of this title. The report submitted to the Attorney General’s office shall be confidential, and shall be exempt from public copying and inspection under 1 V.S.A. § 317, provided that any public report by the Attorney General may include information in aggregate form.

  (b) The report required by subsection (a) of this section shall not disclose the mediator’s assessment of any aspect of the case or substantive matters discussed during the mediation, except as is required to report the information required by this section. The report shall contain all of the following items:

  (1) The date on which the mediation was held, including the starting and finishing times.

  (2) The names and addresses of all persons attending, showing their role in the mediation and specifically identifying the representative of each party who had decision-making authority.

  (3) A summary of any substitute arrangement made regarding attendance at the mediation.

  (4) [Repealed.]

  (5) The results of the mediation, stating whether full or partial settlement was reached and appending any agreement of the parties.

  (6)(A) A statement as to whether any person required under subsection 4633(d) of this title to participate in the mediation failed to:

  (i) attend the mediation;

  (ii) make a good faith effort to mediate; or

  (iii) supply documentation, information, or data as required by subsections 4633(a)-(c) of this title.

  (B) If a statement is made under subdivision (A) of this subdivision (6), it shall be accompanied by a brief description of the applicable reason for the statement. (Added 2009, No. 132 (Adj. Sess.), § 4; amended 2013, No. 8, § 1; 2015, No. 23, § 145.)