39 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.