Mediation in Virginia

The free orientation session

Va. Code 20-124.4(A) directs the court to refer the parents, or other people with a legitimate interest in the child, to a dispute resolution orientation session, in any case where it fits. A mediator certified under Judicial Council guidelines runs this orientation. It costs the parties nothing. The orientation follows the procedures in Chapter 20.2 of Title 8.01, starting at Section 8.01-576.4.

Screening for family abuse before referral

The court doesn't refer every case automatically. It has to consider safety first. Under 20-124.4(A), when the court weighs whether a referral to mediation orientation fits the case, it must check whether there is a history of family abuse, if a party raises the issue by motion. This gives a party a direct way to raise family abuse history before the court sends the case to orientation.

What happens after orientation

The orientation session is just the entry point. Parties can choose to continue into further mediation. If they don't reach an agreement on the outstanding issues before the return date the court set under Section 8.01-576.5, the case moves on. The court holds a hearing on whatever remains unresolved, unless it has granted a continuance. This structure lets mediation run its course without delaying the custody case indefinitely.

Who pays for the mediator

Under 20-124.4(B), the mediator's fee for these referrals is $100 per appointment. The Commonwealth pays it, from funds appropriated for appointments made under Virginia Code 16.1-267(B). If a single referral covers both custody or visitation and child or spousal support, Virginia treats that as two separate appointments for fee purposes. That means the mediator can be paid for both.

Confidentiality of mediation communications

Virginia Code 8.01-581.22 makes a mediator's case files, memoranda, and work products confidential. That confidentiality also covers any communication connected to the mediation that relates to the dispute, including screening, intake, and scheduling. It covers communications made to the mediator, to mediation program staff, to a party, or to anyone else. A written mediated agreement signed by the parties is not confidential, though, unless the parties agree in writing otherwise.

This confidentiality generally blocks disclosure in discovery, and in any judicial or administrative proceeding. But the statute lists specific exceptions. It allows disclosure when all parties agree in writing to waive confidentiality, when there is a threat to inflict bodily injury, or when communications are used to plan or commit a crime, or to conceal an ongoing one. It also allows disclosure when someone files an ethics complaint against the mediator.