Vermont
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Vermont. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Vermont can be found in RSI’s Research Library and in Reports below.
State Legislation
- Vermont Statutes Title 12, Ch. 163, No. 4631 - 4637: Mediation in Foreclosure Actions
- Vermont Statutes, Title 12, Ch. 192: Arbitration Act
- Vermont Statutes Title 12, Ch. 194: Uniform Mediation Act
- Vermont Statutes Title 15, Ch. 11, No. 666 - Agreements between parents
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Vermont Statutes Title 12, Ch. 192: Arbitration Act
Vermont Legislature. Nov. 1, 2018Resource Type: Legislation
Abstract: Under this Act, parties can submit a written agreement to engage in arbitration, which is not enforceable unless parties sign a written acknowledgment of arbitration. The chapter addresses attorney representation, attendance, awards and fees involved...
Vermont Statutes Title 12, Ch. 194: Uniform Mediation Act
Vermont Legislature. Nov. 1, 2018Resource Type: Legislation
Abstract: This chapter applies to mediations required by statute, court or administrative agency, a mediation where parties and the mediator agree that communication is privileged and cases where "parties utilize as a mediator a person that holds himself or he...
Vermont Statutes Title 15, Ch. 11, No. 666 - Agreements between parents
Vermont Legislature. Nov. 1, 2018Resource Type: Legislation
Abstract: This chapter addresses agreements between parents to divide parental rights and responsibilities in divorce and annulment cases. Binding arbitration, mediation or other procedures may be used to resolve disputes concerning those rights and responsibi...
Vermont Statute Title 12, Ch. 163, No. 4631 - 4637: Mediation in Foreclosure Actions
Vermont General Assembly. Vermont Statutes, Nov. 1, 2018Resource Type: Legislation
Abstract: This statute gives homeowners facing foreclosure the option of mediation. It requires lenders to send borrowers a notice of their intent to foreclose, along with an application to request mediation. A borrower may apply for mediation at this stage by...
Rules
Vermont Rules of Probate Procedure Rule 16.1: Mediation
Vermont Supreme Court . Apr. 16, 2019Resource Type: Rules - Court
Abstract: Under this rule, the court may order parties in a probate proceeding to participate in mediation. The mediation will be conducted by an individual mediator acceptable to both the court and the parties. If there is no mediator who is acceptable to the...
Vermont Rules for Family Proceedings Rule 18: Mediation
Supreme Court of Vermont. Apr. 16, 2019Resource Type: Rules - Court
Abstract: This rule governs family mediations. Under this rule, the court on its own motion or on the motion of a party may order the parties to participate in mediation of any of the issue(s) involved in their case. If both parties are represented by counsel,...
Vermont Rules of Civil Procedure Rule 16.3: Mediation
Supreme Court of Vermont. Apr. 16, 2019Resource Type: Rules - Court
Abstract: Under this rule, parties must participate in mediation unless excused by the judge. However, mediation shall not be required in small claims actions under the Vermont Rules of Small Claims Procedure, in cases where parties have already engaged in med...
Vermont Court Rules Governing Medical Malpractice Arbitration
Supreme Court of Vermont. Jan. 1, 2019Resource Type: Rules - Court
Abstract: These rules set guidelines for the arbitration of medical malpractice cases. Parties must sign an agreement to arbitrate, and the claimant must pay an arbitration fee of $100. The selection of a referee and panelists, as well as the assessment of arb...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs
AFCC Court Services Task Force Exemplary Practices Sub-Committee. May. 1, 2005Resource Type: Report
Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...
Vermont Reparative Probation Year 2000 Outcome Evaluation Final Report
Karp, David R.; Sprayregen, Mary; Drakulich, Kevin M.. Vermont Reparative Probation Final Report, May. 9, 2002Resource Type: Evaluation
Abstract: This report examines Vermont's Reparative Probation Program and its ability to realize identified program goals. The reparative program uses a board of trained citizen volunteers to convene with the offender and attempt to work out a solution to the ...
Community Justice in Rural America: Four Examples and Four Futures
Dickey, Walter J.; McGarry, Peggy. Feb. 1, 2001Resource Type: Report
Abstract: This monograph describes four examples of rural community justice initiatives: Boise County, Idaho; Jefferson County, Oregon; Monroe County, Wisconsin; and Burlington, Vermont. Each is described in terms of how community justice grows in response to ...
Contacts
Vermont Family Court Mediation Program
State of Vermont Judiciary.Resource Type: Program
Abstract: The Vermont Family Court Mediation Program is for separation, divorce, parentage, dissolution of civil union, blended families and post-divorce cases, and is "based upon the philosophy that children benefit when their parents are able to protect them...
Vermont Superior Court Environmental Division - Mediation
State of Vermont Judiciary.Resource Type: Program
Abstract: This program utilizes mediation to help resolve environmental and land use disputes in Vermont. The website includes a roster of qualified mediators, describes the mediation process and discusses issues of cost and the benefits of pursuing mediation....