Upon the filing of an independent action by a party, the court shall vacate a mediated agreement reached in a dispute resolution proceeding pursuant to this chapter, or vacate an order incorporating or resulting from such agreement, where:
§ 8.01-576.12.Vacating orders and agreements.
Chapter 20.2. Court-referred Dispute Resolution Proceedings · Last amended 2002 · Last verified July 16, 2026
In one sentenceA party can bring an independent action to vacate a court-referred mediated agreement, or an order built on it, only for fraud or duress, unconscionability, incomplete financial disclosure in a domestic case, or evident partiality or misconduct by the neutral, and must sue within two years of the agreement or of discovering the fraud.
Full Text of § 8.01-576.12
1. The agreement was procured by fraud or duress, or is unconscionable;
2. If property or financial matters in domestic relations cases involving divorce, property, support or the welfare of a child are in dispute, the parties failed to provide substantial full disclosure of all relevant property and financial information; or
3. There was evident partiality or misconduct by the neutral, prejudicing the rights of any party.
For purposes of this section, "misconduct" includes failure of the neutral to inform the parties in writing at the commencement of the mediation process that: (i) the neutral does not provide legal advice, (ii) any mediated agreement may affect the legal rights of the parties, (iii) each party to the mediation has the opportunity to consult with independent legal counsel at any time and is encouraged to do so, and (iv) each party to the mediation should have any draft agreement reviewed by independent counsel prior to signing the agreement.
The fact that any provisions of a mediated agreement were such that they could not or would not be granted by a court of law or equity is not, in and of itself, grounds for vacating an agreement.
A motion to vacate under this section shall be made within two years after the mediated agreement is entered into, except that, if predicated upon fraud, it shall be made within two years after these grounds are discovered or reasonably should have been discovered.
Plain-English Summary
Mediated agreements are meant to stick, so this section keeps the door to undoing one narrow. A party who wants out has to file an independent lawsuit, not just ask the original court to reconsider, and can win only on one of three grounds: the agreement was procured by fraud or duress or is unconscionable; in a domestic relations case touching property, support, or a child’s welfare, the parties never got substantial full disclosure of the relevant finances; or the neutral showed evident partiality or misconduct that prejudiced a party’s rights.
“Misconduct” gets a specific meaning here, tied to disclosures the neutral is supposed to make at the start of mediation. A neutral commits misconduct by failing to tell the parties, in writing, that the neutral does not give legal advice, that any mediated agreement can affect their legal rights, that each party may consult independent counsel at any point and is encouraged to do so, and that each party should have a lawyer review any draft agreement before signing it.
Buyer’s remorse is not a ground for vacating. The section makes clear that an agreement is not vacated just because it contains terms a court could not or would not have ordered on its own — the parties are allowed to agree to more, or something different, than a judge could have imposed.
The clock is tight: two years from when the agreement was made, or, for fraud claims, two years from when the fraud was discovered or reasonably should have been discovered.
Frequently Asked Questions
On what grounds can a mediated agreement be vacated?
Only three: the agreement was procured by fraud or duress or is unconscionable; in a domestic case involving property, support, or a child’s welfare, the parties failed to receive substantial full disclosure of relevant financial information; or there was evident partiality or misconduct by the neutral that prejudiced a party’s rights.
What counts as “misconduct” by the neutral under this section?
Misconduct means the neutral failed to inform the parties in writing, at the start of mediation, that the neutral does not give legal advice, that the agreement may affect legal rights, that each party may consult independent counsel, and that each party should have counsel review any draft agreement before signing.
How long does someone have to file a motion to vacate a mediated agreement?
The motion must be made within two years after the agreement is entered into, or, if based on fraud, within two years after the fraud was discovered or reasonably should have been discovered.
Can an agreement be vacated just because a court could not have ordered the same terms?
No. The section specifically states that the fact a provision could not or would not be granted by a court of law or equity is not, by itself, grounds for vacating the agreement.
How does someone start the process to vacate a mediated agreement?
By filing an independent action — a separate lawsuit rather than a motion in the original case — asking the court to vacate the mediated agreement or the order built on it.
Amendment History
1993, c. 905; 2002, c. 718.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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