The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 12 V.S.A. § 5716)
-
§ 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 waived by the mediator;
and
(2) in the case of the privilege of a nonparty participant, it is expressly waived by
the nonparty participant.
(b) A person who discloses or makes a representation about a mediation communication which
prejudices another person in a proceeding is precluded from asserting a privilege
under section 5715 of this title to the extent necessary for the person prejudiced to respond to the representation
or disclosure.
(c) A person who intentionally uses a mediation to plan, attempt to commit, or commit
a crime, or conceal an ongoing crime or ongoing criminal activity, may not assert
a privilege under section 5715 of this title. (Added 2005, No. 126 (Adj. Sess.), § 1.)