§ 8.01-576.5.Referral of disputes to dispute resolution proceedings.
Chapter 20.2. Court-referred Dispute Resolution Proceedings · Last amended 2002 · Last verified July 16, 2026
In one sentenceA Virginia court may, on its own initiative or a party’s motion, send a contested civil matter to an orientation session to explore mediation while preserving the jury-trial right and keeping the case on its regular docket until the parties report a settlement in writing.
Full Text of § 8.01-576.5
Text size
While protecting the right to trial by jury, a court, on its own motion or on motion of one of the parties, may refer any contested civil matter, or selected issues in a civil matter, to an orientation session in order to encourage the early resolution of disputes through the use of procedures that facilitate (i) open communication between the parties about the issues in the dispute, (ii) full exploration of the range of options to resolve the dispute, (iii) improvement in the relationship between the parties, and (iv) control by the parties over the outcome of the dispute. The neutral or intake specialist conducting the orientation session shall provide information regarding dispute resolution options available to the parties, screen for factors that would make the case inappropriate for a dispute resolution proceeding, and assist the parties in determining whether their case is suitable for a dispute resolution process such as mediation. The court shall set a date for the parties to return to court in accordance with its regular docket and procedure, irrespective of the referral to an orientation session. The parties shall notify the court, in writing, if the dispute is resolved prior to the return date.
Upon such referral, the parties shall attend one orientation session unless excused pursuant to § 8.01-576.6. Further participation in a dispute resolution proceeding shall be by consent of all parties. Attorneys for any party may participate in a dispute resolution proceeding.
Plain-English Summary
This section gives a judge the power to steer a case toward mediation without taking away the litigants’ day in court. The referral can come from the judge or from either party, and it can cover the whole case or just some of the issues in it.
The court is not stepping aside. It keeps the case moving on its normal docket, with a return date already set, no matter what happens at the orientation session. If the parties settle before that date, they have to tell the court in writing — the case does not vanish from the calendar just because talks are underway.
The orientation session itself is a gateway, not the resolution process. A neutral or intake specialist explains the options, screens for red flags that would make the case a poor fit for mediation, and helps the parties decide whether to continue. Only one orientation session is required per referral, and moving past it into an actual dispute resolution proceeding takes the consent of everyone involved — no one can be forced into mediation itself, only into learning about it.
Frequently Asked Questions
Can a court order parties into mediation against their will?
Not exactly. The court can order the parties to attend one orientation session, but further participation in an actual dispute resolution proceeding requires the consent of all parties.
Does referring a case to an orientation session affect the right to a jury trial?
No. The section opens by stating that referral occurs while protecting the right to trial by jury, and the court still sets a return date for the case regardless of the referral.
Who can initiate a referral to an orientation session?
The court can refer a case on its own motion, or either party can move for the referral, covering the whole civil matter or only selected issues within it.
What must parties do if they settle before their scheduled court date?
The parties must notify the court in writing that the dispute has been resolved prior to the return date that was already set on the docket.
Can attorneys take part in a dispute resolution proceeding under this section?
Yes. The section states that attorneys for any party may participate in a dispute resolution proceeding.
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
Also known as:virginia court order mediation referral8.01-576.5 virginia codeorientation session civil case virginiacan a judge order mediation in virginiavirginia court-annexed mediation referralva code court referred dispute resolution