Vermont Statutes Annotated
Vt. Stat. Ann. tit. 12, § 5715 (2026)
Privilege against disclosure; admissibility; discovery
✓ current as of May 2026
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(Cite as: 12 V.S.A. § 5715)
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§ 5715. Privilege against disclosure; admissibility; discovery
(a) A mediation communication is privileged and is not subject to discovery or admissible in evidence in a proceeding.
(b) In a proceeding, the following privileges apply:
(1) A party may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.
(2) A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator.
(3) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. (Added 2005, No. 126 (Adj. Sess.), § 1.)
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 2009–2026 · leading case: Old Lantern Non-Conforming Use (Vt. Super. Ct. 2017).
Old Lantern Non-Conforming Use (Vt. Super. Ct. 2017). “” 12 V.S.A. §§ 5715, 5720. A “mediation communication” is any oral, written or nonverbal statement 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.”
Simon v. Williams (Vt. Super. Ct. 2025). “At the hearing on plaintiffs motion for payment of rent into court in this matter, plaintiff's statement to defendant regarding a rent increase made at mediation was held inadmissible under the Vermont Uniform Mediation Act (12 V.S.A. §5715). Counts I and II of the complaint are…”
Hanover Ins Co v. Media Factory (Vt. Super. Ct. 2026). “See 12 V.S.A. § 5715(a). 7 VCAM repeatedly asked for Hanover’s position regarding the limits of insurance under the Policy, but Hanover’s representatives responded that its position had not yet been determined.”
Lonnie Chester, Adm'r of the Est. of Philomena Weingarten v. Albert Weingarten a/k/a Albert Von Weingarten & Mary Weingarten a/k/a Mary Von Weingarten (Vt. 2013). “In an April 26, 2012 order, the superior court determined that post-settlement email communications between the parties and mediator cited in defendants’ motion to set aside the settlement agreement were privileged from disclosure under 12 V.S.A. § 5715(a) (“A mediation…”
Aurora Loan Servs., LLC v. Kirkpatrick (Vt. Super. Ct. 2013). “§ 5713(3) and subject to a privilege pursuant to 12 V.S.A. § 5715, it appears that all parties waive the privilege by asking the court to consider the content of the communications.”
In re Est. of Donna Simonds (Vt. Super. Ct. 2013). “The evidentiary privilege established by 12 V.S.A. § 5715(a) applies only to “mediation communications,” meaning any statement that “is made or occurs during a mediation or for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a…”
von Trapp CU Permit (Vt. Super. Ct. 2014). “12 V.S.A. §§ 5715–5717. According to the parties’ mediation agreement, attached as Exhibit A to Attorney Halpert’s letter, the parties agreed as follows: all discussions, written and oral communications, draft proposals or draft agreements shall not be disclosed or admissible in…”
Centre/Hannaford Plaza PUD (Vt. Super. Ct. 2009). “408 and the Uniform Mediation Act, 12 V.S.A. § 5715. Accordingly, based on the foregoing, it is hereby ORDERED and ADJUDGED that Middlebury Associates LLC’s Motion for Declaratory Judgment and to refer this matter back to mediation, including the request for costs and attorneys’…”
Vt. Stat. Ann. tit. 12, § 5715(a): 3 cases
Hanover Ins Co v. Media Factory (Vt. Super. Ct. 2026). “See 12 V.S.A. § 5715(a). 7 VCAM repeatedly asked for Hanover’s position regarding the limits of insurance under the Policy, but Hanover’s representatives responded that its position had not yet been determined.”
Lonnie Chester, Adm'r of the Est. of Philomena Weingarten v. Albert Weingarten a/k/a Albert Von Weingarten & Mary Weingarten a/k/a Mary Von Weingarten (Vt. 2013). “In an April 26, 2012 order, the superior court determined that post-settlement email communications between the parties and mediator cited in defendants’ motion to set aside the settlement agreement were privileged from disclosure under 12 V.S.A. § 5715(a) (“A mediation…”
In re Est. of Donna Simonds (Vt. Super. Ct. 2013). “The evidentiary privilege established by 12 V.S.A. § 5715(a) applies only to “mediation communications,” meaning any statement that “is made or occurs during a mediation or for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a…”
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