2013 Vermont Statutes
Title 12 Court Procedure
Chapter 215 VOLUNTARY ARBITRATION
§ 7012 Pre-suit mediation; service
[Section 7012 repealed effective February 1, 2015; see note set out under subchapter heading.]

[Section 7012 repealed effective February 1, 2015; see note set out under subchapter heading.] 7012. Pre-suit mediation; service

(a) A potential plaintiff may serve upon each known potential defendant a request to participate in pre-suit mediation prior to filing a civil action in tort or in contract alleging that an injury or death resulted from the negligence of a health care provider and to recover damages resulting from the personal injury or wrongful death.

(b) Service of the request required in subsection (a) of this section shall be in letter form and shall be served on all known potential defendants by certified mail. The date of mailing such request shall toll all applicable statutes of limitations.

(c) The request to participate in pre-suit mediation shall name all known potential defendants, contain a brief statement of the facts that the potential plaintiff believes are grounds for relief, and be accompanied by a certificate of merit prepared pursuant to section 1042 of this title, and may include other documents or information supporting the potential plaintiff's claim.

(d) Nothing in this chapter precludes potential plaintiffs and defendants from pre-suit negotiation or other pre-suit dispute resolution to settle potential claims. (Added 2011, No. 171 (Adj. Sess.), 24c, eff. Feb. 1, 2013.)