reglab/housing_qa huggingface dataset:
12 V.S.A. § 5713
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5713. Definitions

§ 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.)
12 V.S.A. § 5714
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5714. Scope

§ 5714. Scope|(a) Except as otherwise provided in subsection (b) or (c) of this section, this chapter applies to a mediation in which:  (1) the parties are required to mediate by statute or court or administrative agency rule, or referred to mediation by a court, administrative agency, or arbitrator; (2) the parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or (3) the parties utilize as a mediator a person that holds himself or herself out as providing mediation services.   (b) This chapter does not apply to a mediation:  (1) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship; (2) relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter applies to a mediation arising out of such a dispute that has been filed with a court or with a public agency other than the federal Mediation and Conciliation Service or the Vermont Labor Relations Board; (3) conducted under the auspices of a primary or secondary school where all the parties are students, or under the auspices of a correctional institution for youths where all the parties are residents of that institution; or (4) conducted by a judge who might make a ruling on the case.   (c) If the parties agree in advance that all or part of a mediation is not privileged, the privileges under sections 5715 through 5717 of this title do not apply to the mediation or part agreed upon. The agreement must be in a signed record or reflected in the record of a proceeding. However, sections 5715 through 5717 of this title apply to a mediation communication made by a person who has not received actual notice of the agreement before the communication is made. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5715
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5715. Privilege against disclosure; admissibility; discovery

§ 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.)
12 V.S.A. § 5716
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5716. Waiver and preclusion of privilege

§ 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.)
12 V.S.A. § 5717
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5717. Exceptions to privilege

§ 5717. Exceptions to privilege|(a) There is no privilege under section 5715 of this title for a mediation communication that is:  (1) in an agreement evidenced by a record signed by all parties to the agreement; (2) available to the public under 1 V.S.A. chapter 5, subchapter 3, or made during a session of a mediation which is open, or is required by law to be open, to the public; (3) a threat or statement of a plan to inflict bodily injury or commit a crime of violence; (4) intentionally used to plan, attempt to commit, or commit a crime, or conceal an ongoing crime or ongoing criminal activity; (5) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, but this exception does not apply where a child or adult protection case is referred by a court to mediation and a public agency participates in the mediation; (6) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator; or (7) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a party, nonparty participant, or representative of a party based on conduct occurring during a mediation, except as otherwise provided in subsection (c) of this section.   (b) There is no privilege under section 5715 of this title if a court, administrative agency, or arbitration panel finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality, and the mediation communication is sought or offered in:  (1) a criminal proceeding in Criminal Division of the Superior Court; (2) a child protection proceeding under 33 V.S.A. chapter 49 or 55; (3) a protection proceeding involving a vulnerable adult under 33 V.S.A. chapter 69; or (4) a proceeding to prove a claim to rescind or reform, or a defense to avoid liability on, a contract arising out of the mediation, except as otherwise provided in subsection (c) of this section.   (c) A mediator may not be compelled to provide evidence of a mediation communication referenced in subdivision (a)(7) or (b)(4) of this section.(d) If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence or any other mediation communication discoverable or admissible for any other purpose. (Added 2005, No. 126 (Adj. Sess.), § 1; amended 2009, No. 154 (Adj. Sess.), § 238.)
12 V.S.A. § 5718
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5718. Mediator report; disclosure; background

§ 5718. Mediator report; disclosure; background|(a) A mediator may not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, agency, or other authority that may make a ruling on the dispute that is the subject of the mediation, but a mediator may disclose:  (1) whether the case is not appropriate for mediation, whether the mediation occurred or has terminated, whether a settlement was reached, and attendance; (2) a mediation communication as permitted under section 5717 of this title; or (3) a mediation communication evidencing abuse, neglect, abandonment, or exploitation of a child or vulnerable adult to a public agency responsible for protecting such individuals against such mistreatment.   (b) A communication made in violation of subsection (a) of this section may not be considered by a court or other tribunal.(c) Subsections (d), (e), (f), and (g) of this section do not apply to an individual acting as a judge.(d) Before accepting a mediation, an individual who is requested to serve as a mediator shall:  (1) make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a party or foreseeable participant in the mediation; and (2) disclose as soon as is practicable before accepting a mediation any such fact known.   (e) If a mediator learns any fact described in subdivision (d)(1) of this section after accepting a mediation, the mediator shall disclose as soon as is practicable.(f) A mediator shall be impartial, unless, after disclosure of the facts required in subsections (d) and (e) of this section, the parties agree otherwise.(g) A person who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute if requested to do so by a party.(h) A person who violates subsection (d), (e), or (f) of this section is precluded from asserting a privilege under section 5715 of this title.(i) Unless otherwise required by law, no special qualification by background or profession is necessary to be a mediator under this chapter. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5719
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5719. Nonparty participation in mediation

§ 5719. Nonparty participation in mediation|An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5720
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5720. Confidentiality

§ 5720. Confidentiality|Unless subject to 1 V.S.A. chapter 5, subchapter 2 or 3, mediation communications are confidential to the extent agreed to by the parties or provided by law. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5721
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5721. Relation to Electronic Signature in Global and National Commerce Act

§ 5721. Relation to Electronic Signature in Global and National Commerce Act|This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (Act), 15 U.S.C. § 7001(c), except that nothing in this chapter modifies, limits, or supersedes Section 101(c) of the Act nor authorizes electronic delivery of any of the notices described in Section 103(b) of the Act. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5722
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5722. Severability clause

§ 5722. Severability clause|If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and, to this end, the provisions of this chapter are severable. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5723
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 194 - Uniform Mediation Act|§ 5723. Application to existing agreements or referrals

§ 5723. Application to existing agreements or referrals|(a) This chapter governs a mediation pursuant to a referral or an agreement to mediate made on or after July 1, 2006.(b) On or after July 1, 2008, this chapter governs an agreement to mediate whenever made. (Added 2005, No. 126 (Adj. Sess.), § 1.)
12 V.S.A. § 5751
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 195 - Nuisance Suits Against Agricultural Activities|§ 5751. Legislative findings and purpose

§ 5751. Legislative findings and purpose|The General Assembly finds that agricultural production is a major contributor to the State's economy; that agricultural lands constitute unique and irreplaceable resources of statewide importance; that the continuation of existing and the initiation of new agricultural activities preserve the landscape and environmental resources of the State, contribute to the increase of tourism, and further the economic welfare and self-sufficiency of the people of the State; and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the State. In order for the agricultural industry to survive in this State, farms will likely change, adopt new technologies, and diversify into new products, which for some farms will mean increasing in size. The General Assembly finds that agricultural activities are potentially subject to lawsuits based on the theory of nuisance, and that these suits encourage and could force the premature removal of the farmlands and other farm resources from agricultural use. It is the purpose of this chapter to protect reasonable agricultural activities conducted on the farm from nuisance lawsuits. (Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004.)
12 V.S.A. § 5752
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 195 - Nuisance Suits Against Agricultural Activities|§ 5752. Definitions

§ 5752. Definitions|For the purpose of this chapter, "agricultural activity" means, but is not limited to:  (1) the cultivation or other use of land for producing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; the raising, feeding, or management of domestic animals as defined in 6 V.S.A. § 1151 or bees; the operation of greenhouses; the production of maple syrup; the on-site storage, preparation, and sale of agricultural products principally produced on the farm; and the on-site production of fuel or power from agricultural products or wastes principally produced on the farm; (2) the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops; the composting of material principally produced by the farm or to be used at least in part on the farm; the ditching and subsurface drainage of farm fields and the construction of farm ponds; the handling of livestock wastes and by-products; and the on-site storage and application of agricultural inputs, including lime, fertilizer, and pesticides. (Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004.)
12 V.S.A. § 5753
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 195 - Nuisance Suits Against Agricultural Activities|§ 5753. Agricultural activities; protection from nuisance lawsuits

§ 5753. Agricultural activities; protection from nuisance lawsuits|(a)(1) Agricultural activities shall be entitled to a rebuttable presumption that the activity does not constitute a nuisance if the agricultural activity meets all of the following conditions:   (A) it is conducted in conformity with federal, State, and local laws and regulations (including required agricultural practices); (B) it is consistent with good agricultural practices; (C) it is established prior to surrounding nonagricultural activities; and (D) it has not significantly changed since the commencement of the prior surrounding nonagricultural activity.  (2) The presumption that the agricultural activity does not constitute a nuisance may be rebutted by a showing that the activity has a substantial adverse effect on health, safety, or welfare, or has a noxious and significant interference with the use and enjoyment of the neighboring property.   (b) Nothing in this section shall be construed to limit the authority of State or local boards of health to abate nuisances affecting the public health. (Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004.)
12 V.S.A. § 5754
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 195 - Nuisance Suits Against Agricultural Activities|§ 5754. Severability

§ 5754. Severability|If any provision of this chapter is held invalid, the invalidity does not affect other provisions of this chapter that can be given effect without the invalid provision, and for this purpose, the provisions of this chapter are severable. (Added 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004.)
12 V.S.A. § 5755
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 196 - Vermont Right to Conduct Forestry Operations|§ 5755. Findings

§ 5755. Findings|The General Assembly finds that:  (1) Private and public forestlands:  (A) constitute unique and irreplaceable resources, benefits, and values of statewide importance; (B) contribute to the protection and conservation of wildlife, wildlife habitat, air, water, and soil resources of the State; (C) provide a resource for the State constitutional right to hunt, fish, and trap; (D) mitigate the effects of climate change; and (E) result in general benefit to the health and welfare of the people of the State.  (2) The forest products industry, including maple sap collection:  (A) is a major contributor to and is valuable to the State's economy by providing jobs to its citizens; (B) is essential to the manufacture of forest products that are used and enjoyed by the people of the State; and (C) benefits the general welfare of the people of the State.  (3) Private and public forestlands are critical for and contribute significantly to the State's outdoor recreation and tourism economies. (4) The economic management of public and private forestlands contributes to sustaining long-term forest health, integrity, and productivity. (5) Forestry operations are adversely impacted by the encroachment of urban, commercial, and residential land uses throughout the State that result in forest fragmentation and conversion and erode the health and sustainability of remaining forests. (6) As a result of encroachment on forests, conflicts have arisen between traditional forestry land uses and urban, commercial, and residential land uses that threaten to permanently convert forestland to other uses, resulting in an adverse impact to the economy and natural environment of the State. (7) The encouragement, development, improvement, and continuation of forestry operations will result in a general benefit to the health and welfare of the people of the State and the State's economy. (8) The forest products industry, in order to survive, likely will need to change, adopt new technologies, and diversify into new products. (9) Conventional forestry practices, including logging, transportation, and processing of forest products may be subject to unnecessary or adversarial lawsuits based on the theory of nuisance. Nuisance suits could encourage and result in the conversion of forestland and loss of the forest products industry. (10) It is in the public interest of the people of the State to ensure that lawfully conducted conventional forestry practices are protected and encouraged and are not subject to public and private nuisance actions arising out of conflicts between forestry operations and urban, commercial, and residential uses. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)
12 V.S.A. § 5756
2021 Vermont Statutes|Title 12 - Court Procedure|Chapter 196 - Vermont Right to Conduct Forestry Operations|§ 5756. Definitions

§ 5756. Definitions|As used in this chapter:  (1) "Commissioner" means the Commissioner of Forests, Parks and Recreation. (2) "Conventional forestry practices" means:  (A) forestry operations; (B) a change in ownership or size of a parcel on which a forestry operation is being conducted; (C) cessation or interruption of a forestry operation or a change in a forestry operation, including a change in the type of a forestry operation; (D) enrollment in governmental forestry or conservation programs; (E) adoption of new forestry technology; (F) construction, maintenance, and repair of log landings, logging roads, and skid trails; (G) visual changes due to the removal, storage, or stockpiling of vegetation or forest products; (H) noise from forestry equipment used as part of a forestry operation; or (I) the transport or trucking of forest products or of equipment on, to, or from the site of a forestry operation.  (3) "Forest product" means logs; pulpwood; veneer; bolt wood; wood chips; stud wood; poles; pilings; biomass; fuel wood; maple sap; or bark. (4) "Forestry operation" means activities related to the management of forests, including timber harvests; removal, storage, or stockpiling of vegetation or timber; pruning; planting; lumber processing with portable sawmills; reforestation; pest, disease, and invasive species control; wildlife habitat management; and fertilization. "Forestry operation" includes one or both of the following:  (A) the primary processing of forest products on a parcel where a timber harvest occurs; and (B) the primary processing of forest products at a site that is not the harvest site, provided that:  (i) the person conducting the forestry operations owns or has permission to use the site for the forestry operation; (ii) the forestry operation was established prior to surrounding activities that are not forestry operations; (iii) the site is used by the forestry operation for 12 or fewer months in any two-year period or 24 or fewer months in any five-year period; (iv) the forestry operation complies with all applicable law; and (v) only portable, nonpermanent equipment is used to process the forest products at the site.   (5) "Timber" means trees, saplings, seedlings, and sprouts from which trees of every size, nature, kind, and description may grow. (6) "Timber harvest" means a forestry operation involving the harvesting of timber. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)