Chapter 20.2. Court-referred Dispute Resolution Proceedings · Last amended 2002 · Last verified July 16, 2026
In one sentenceThis section limits Chapter 20.2 to dispute resolution services that a court sets in motion, then defines the chapter’s working vocabulary — mediation, conciliation, neutral, intake specialist, and orientation session — so every later section rests on a shared meaning.
Full Text of § 8.01-576.4
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The provisions of this chapter apply only to court-referred dispute resolution services.
As used in this chapter:
"Conciliation" means a process in which a neutral facilitates settlement by clarifying issues and serving as an intermediary for negotiations in a manner which is generally more informal and less structured than mediation.
"Court" means any juvenile and domestic relations district court, general district court, circuit court, or appellate court, and includes the judges and any intake specialist to whom the judge has delegated specific authority under this chapter.
"Dispute resolution proceeding" means any structured process in which a neutral assists disputants in reaching a voluntary settlement by means of dispute resolution techniques such as mediation, conciliation, early neutral evaluation, nonjudicial settlement conferences or any other proceeding leading to a voluntary settlement conducted consistent with the requirements of this chapter. The term includes the orientation session.
"Dispute resolution program" means a program that offers dispute resolution services to the public, which is run by the Commonwealth or any private for-profit or not-for-profit organization, political subdivision, or public corporation, or a combination of these.
"Dispute resolution services" includes screening and intake of disputants, conducting dispute resolution proceedings, drafting agreements and providing information or referral services.
"Intake specialist" means an individual who is trained in analyzing and screening cases to assist in determining whether a case is appropriate for referral to a dispute resolution proceeding.
"Mediation" means a process in which a neutral facilitates communication between the parties and, without deciding the issues or imposing a solution on the parties, enables them to understand and to reach a mutually agreeable resolution to their dispute.
"Neutral" means an individual who is trained or experienced in conducting dispute resolution proceedings and in providing dispute resolution services.
"Orientation session" means a preliminary meeting during which the dispute resolution proceeding is explained to the parties and the parties and the neutral assess the case and decide whether to continue with a dispute resolution proceeding or adjudication.
Plain-English Summary
Chapter 20.2 governs only one narrow slice of alternative dispute resolution: the kind a court sets up after a lawsuit is filed. This opening section draws that boundary and hands over the glossary that every other section in the chapter depends on.
The definitions distinguish related but different roles. A “neutral” is the umbrella term for anyone trained to run these proceedings, while “mediation” and “conciliation” describe two points on a spectrum — mediation is more structured, with the neutral guiding the parties toward their own resolution, while conciliation is looser, with the neutral mainly relaying messages and clarifying sticking points. An “intake specialist” screens cases before they reach a neutral, deciding whether a dispute fits a resolution proceeding at all. The “orientation session” is the entry point for nearly every referral: a first meeting where the process gets explained and the parties, together with the neutral, decide whether to proceed.
Notice, too, what counts as a “dispute resolution program”: public or private, for-profit or not, run by the Commonwealth or by any organization that offers these services to the public. That breadth matters because later sections build certification, confidentiality, and liability rules on top of these definitions — get the vocabulary right here, and the rest of the chapter reads as one coherent system.
Frequently Asked Questions
Does Chapter 20.2 apply to private mediation arranged outside of court?
No. The chapter states that its provisions apply only to court-referred dispute resolution services, so mediation or conciliation that parties arrange entirely on their own, without a court referral, falls outside its scope.
What is the difference between mediation and conciliation under this section?
Mediation involves a neutral who facilitates communication and helps the parties reach their own resolution without deciding the issues or imposing an outcome. Conciliation is described as more informal and less structured, with the neutral mainly clarifying issues and serving as a go-between for negotiations.
What courts are covered by the definition of “court” in this chapter?
The definition covers any juvenile and domestic relations district court, general district court, circuit court, or appellate court, along with the judges of those courts and any intake specialist a judge has delegated specific authority to under the chapter.
What happens during an orientation session?
An orientation session is a preliminary meeting where the dispute resolution proceeding is explained to the parties, and the parties and the neutral together assess the case and decide whether to move forward with a dispute resolution proceeding or return to adjudication.
Who can run a dispute resolution program under this chapter?
A dispute resolution program can be operated by the Commonwealth, a private for-profit or not-for-profit organization, a political subdivision, a public corporation, or any combination of these, so long as it offers dispute resolution services to the public.
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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