The Vermont Statutes Online

Title 12 : Court Procedure

Chapter 194 : Uniform Mediation Act

• § 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 their dispute.

  (3) “Mediation communication” means a statement, whether oral, in a record, verbal, or nonverbal, that is made or occurs during a mediation or for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator.

  (4) “Mediator” means an individual who conducts a mediation.

  (5) “Nonparty participant” means a person, other than a party or mediator, that participates in a mediation.

  (6) “Party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

  (7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality, public corporation, or any other legal or commercial entity.

  (8) “Proceeding” means a judicial, administrative, arbitral, or other adjudicative process, including related prehearing and posthearing motions, conferences, and discovery; or a legislative hearing or similar process.

  (9) “Record,” except in the phrase “record of proceeding,” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium, and is retrievable in perceivable form.

  (10) “Sign” includes:

  (A) executing or adopting a tangible symbol with the present intent to authenticate a record;

  (B) attaching or logically associating an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record. (Added 2005, No. 126 (Adj. Sess.), § 1.)