Rule 1. Panel of Preliminary Evaluators
(a) Establishment. A panel of preliminary evaluators is hereby established for the superior courts to provide services under V.R.C.P. 16.3(d) in civil actions brought in those courts. The Court Administrator will publish and distribute a roster of the panel, with a brief summary of the qualifications of each member. (b) Qualifications and Conditions.(1) The Court Administrator will appoint to the panel any member of the bar of Vermont who requests appointment and presents one of the following credentials: (A) Evidence that the individual has completed a training program provided by the United States District Court for the District of Vermont and has served or is serving as a member of the neutral evaluation panel of that court. (B) Evidence that the individual has completed any other neutral evaluation training program that may be established or approved by the Court Administrator. (2) All panel members must agree that they will provide services under V.R.C.P. 16.3(d) for the fees and expense reimbursements established in subdivisions (c) and (d) of this rule. (c) Fees. Panel members serving as preliminary evaluators pursuant to V.R.C.P. 16.3(d) will be paid a flat fee of $400 for a proceeding of up to four hours in length. With the agreement of the parties, the evaluator may be paid for additional time at the rate of $50 per hour. (d) Expenses. Panel members serving as preliminary evaluators pursuant to V.R.C.P. 16.3(d) will be reimbursed for the following expenses actually and reasonably incurred: Necessary telephone and postage expense for communication with the parties, their counsel, and the court; actual mileage at the rate paid state employees, or other expense for necessary travel to the location where a proceeding is to be held; meals and lodging at the rate paid state employees if an overnight stay is required; photocopying expense for the production of reports and other documents or papers necessary to the proceeding. Added Oct. 5, 1999, eff. Dec. 31, 1999; amended June 16, 2003, eff. November 1, 2003.
Rule 2. County Referral Lists
(a) Establishment of Lists. The clerk in each county will establish and maintain a list of mediators, arbitrators, and neutral evaluators who have agreed to accept referrals pursuant to V.R.C.P. 16.3(c) in superior court civil actions in that county. Those listed need not be attorneys and may reside in any county. They may be listed in more than one county and may offer more than one form of service. As a condition of inclusion on a county referral list, each neutral must agree to accept at least two referrals per year in actions in that county in which the clerk has found that a party is entitled to proceed in forma pauperis pursuant to Rule 3. Each neutral who wishes to appear on a list must submit on an annual basis information as specified on a form provided by the Court Administrator that would assist parties to make their selection. This information may include educational background, experience, and fees charged. (b) Referrals. The clerk may make the referral list available on request to parties seeking to select a specific individual as neutral pursuant to V.R.C.P. 16.3(c)(2)(B). Whenever the clerk is required to provide a list of neutrals to the parties pursuant to V.R.C.P. 16.3(c)(3), the clerk will provide copies of the referral list. (c) Fees and Expenses. Except as provided in Rule 3(c), neutrals on the referral list may receive whatever fees and reimbursement of expenses are agreed upon with the parties as provided in V.R.C.P. 16.3(e)(1)(A). Added Oct. 5, 1999, eff. Dec. 31, 1999.
Rule 3. In Forma Pauperis Procedure
(a) Affidavit. Any party to whom Rule 16.3 applies who has not already been found eligible to proceed in forma pauperis pursuant to V.R.C.P. 3.1(b) may seek a determination that he or she satisfies the income guidelines established by subdivision (b) of this rule by filing an application for leave to proceed in forma pauperis as provided in V.R.C.P. 3.1(a). The clerk or the clerk's designee will review the application and proceed as provided in V.R.C.P. 3.1(b)(1). The decision of the clerk or the clerk's designee may be review as provided in V.R.C.P. 3.1(b)(3). (b) Income Guidelines.(1) If the clerk or the clerk's designee has previously determined that a party is eligible to proceed in forma pauperis pursuant to V.R.C.P. 3.1(b)(1), or on application determines that the party satisfies the requirements of that paragraph, the party must pay $10.00 as a share of the neutral's fee. The party will not be required to pay any share of the neutral's expenses. (2) Any other party must pay the share of the neutral's fee and expenses required under V.R.C.P. 16.3(e)(1)(B). (c) Alternative Dispute Resolution Proceedings by Stipulation. If a party is entitled to proceed in forma pauperis in an alternative dispute resolution proceeding under V.R.C.P. 16.3(c), all other parties must pay their appropriate share of the neutral's fee and expenses as provided in V.R.C.P. 16.3(e)(1). A neutral who accepts referral in that proceeding will be paid a fee of $50.00 per hour up to a maximum of 10 hours for each in forma pauperis party. The Court Administrator will pay the difference between that amount and the share of the fees required to be paid by the party pursuant to Rule 3(b) and will reimburse to the neutral any portion of the expenses listed in Rule 1(d) that is not paid by the other parties. (d) Preliminary Evaluation Proceedings. If a party is entitled to proceed in forma pauperis in a preliminary evaluation under V.R.C.P. 16.3(d), all other parties must pay their appropriate share of the preliminary evaluator's fee and expenses as provided in V.R.C.P. 16.3(e)(1). The Court Administrator will pay the difference between the in forma pauperis party's share of the fee under that rule and the amount required to be paid by that party pursuant to Rule 3(b) and will reimburse to the evaluator any portion of the expenses listed in Rule 1(d) that is not paid by the other parties. Added Oct. 5, 1999, eff. Dec. 31, 1999.
Rule 4. Complaints
Complaint Procedure; Removal from Panel or List. Any party, party's representative, or counsel who has participated in an alternative dispute resolution proceeding under V.R.C.P. 16.3(e), and any judge in an action in which such a proceeding has been held, may at any time file with the Court Administrator a complaint about the performance in that proceeding of a member of the panel of preliminary evaluators established under Rule 1 or a neutral listed on a county referral list established under Rule 2. If the Court Administrator, upon review of complaints on file, finds that an individual panel member or listed neutral has established a consistent pattern of unsatisfactory performance, including but not limited to failure to appear at scheduled sessions or to file required reports in a complete or timely fashion, arbitrary or capricious recommendations, or consistent bias against any class or category of litigants or persons, the Court Administrator may remove the individual from the panel or may direct the clerk to remove the individual from the county referral list.
Vt. Admin. Ord. of. Sup. Ct. Administrative Order No. 39
Added Oct. 5, 1999, eff. 12/31/1999; amended June 16, 2003, eff. 11/1/2003; 10/8/2003, eff. 11/1/2003.