§ 8.01-576.9.Standards and duties of neutrals; confidentiality; liability.
Chapter 20.2. Court-referred Dispute Resolution Proceedings · Last amended 2002 · Last verified July 16, 2026
In one sentenceA court-referred neutral must remain impartial, may guide the parties toward settlement but never coerce one, must keep each side’s confidences separate, must report only the outcome of the session to the court, and a certified mediator is shielded from civil liability absent bad faith, malice, or willful, wanton misconduct.
Full Text of § 8.01-576.9
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A neutral selected to conduct a dispute resolution proceeding under this chapter may encourage and assist the parties in reaching a resolution of their dispute, but may not compel or coerce the parties into entering into a settlement agreement. A neutral has an obligation to remain impartial and free from conflict of interests in each case, and to decline to participate further in a case should such partiality or conflict arise. Unless expressly authorized by the disclosing party, the neutral may not disclose to either party information relating to the subject matter of the dispute resolution proceeding provided to him in confidence by the other. In reporting on the outcome of the dispute resolution proceeding to the referring court, the neutral shall indicate whether an agreement was reached, the terms of the agreement if authorized by the parties, the fact that no agreement was reached, or the fact that the orientation session or mediation did not occur. The neutral shall not disclose information exchanged or observations regarding the conduct and demeanor of the parties and their counsel during the dispute resolution proceeding, unless the parties otherwise agree.
However, where the dispute involves the support of minor children of the parties, the parties shall disclose to each other and to the neutral the information to be used in completing the child support guidelines worksheet required by § 20-108.2. The guidelines computations and any reasons for deviation shall be incorporated in any written agreement between the parties.
With respect to liability, when mediation is provided by a mediator who is certified pursuant to guidelines promulgated by the Judicial Council of Virginia, then the mediator, mediation program for which the certified mediator is providing services, and a mediator co-mediating with a certified mediator shall be immune from civil liability for, or resulting from, any act or omission done or made while engaged in efforts to assist or conduct a mediation, unless the act or omission was made or done in bad faith, with malicious intent or in a manner exhibiting a willful, wanton disregard of the rights, safety or property of another. This language is not intended to abrogate any other immunity that may be applicable to a mediator.
Plain-English Summary
This section draws the line between a neutral who helps and one who overreaches. A neutral can encourage the parties, point out options, and push the conversation forward, but cannot compel or coerce anyone into signing a settlement. Alongside that comes a duty of impartiality: the moment a conflict of interest or a lean toward one side shows up, the neutral has to step back from the case.
Confidentiality runs both ways during the session and back to the court. Information one party shares with the neutral in confidence cannot go to the other party without permission. And when the neutral reports back to the referring court, the report is thin by design — whether an agreement was reached, its terms if the parties authorized disclosure, or that no agreement was reached or the session never happened. What was said in the room, and how the parties conducted themselves, stays out of the court file unless everyone agrees otherwise.
Child support cases carry one built-in exception: the parties must share the financial information needed to complete the child support guidelines worksheet, and the resulting calculations and any reasons for deviating from them go into the written agreement.
On liability, a mediator certified under the Judicial Council’s guidelines — along with the mediation program and any co-mediator working alongside a certified mediator — is immune from civil liability for acts or omissions made while conducting the mediation. That protection has real limits: it disappears if the conduct was done in bad faith, with malicious intent, or with willful, wanton disregard for someone’s rights, safety, or property.
Frequently Asked Questions
Can a neutral force the parties to accept a settlement?
No. A neutral may encourage and assist the parties in reaching a resolution, but may not compel or coerce them into entering into a settlement agreement.
What is a neutral required to do if a conflict of interest arises?
The neutral has an obligation to remain impartial and free from conflicts of interest, and must decline to participate further in the case if partiality or a conflict arises.
What does the neutral tell the referring court about what happened?
The neutral reports whether an agreement was reached, the terms of the agreement if the parties authorized disclosure, that no agreement was reached, or that the orientation session or mediation did not occur — nothing more, unless the parties agree otherwise.
Are certified mediators ever liable for something that happens during mediation?
Yes, in limited circumstances. A certified mediator, the mediation program, and any co-mediator lose their civil immunity if the act or omission was done in bad faith, with malicious intent, or with willful, wanton disregard of a person’s rights, safety, or property.
What extra disclosure applies in a child support dispute?
When the dispute involves support for minor children, the parties must disclose to each other and to the neutral the information needed to complete the child support guidelines worksheet, and the resulting computations must be incorporated into any written agreement.
Amendment History
1993, c. 905; 1994, c. 687; 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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