Chapter 21.2. Mediation · Last amended 2002 · Last verified July 16, 2026
In one sentenceThis section defines “mediation,” “mediation program,” and “mediator” for Virginia’s mediation chapter, establishing mediation as a facilitated, non-binding process in which a neutral third party helps the parties reach their own resolution rather than deciding the outcome for them.
Full Text of § 8.01-581.21
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As used in this chapter:
"Mediation" means a process in which a mediator 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.
"Mediation program" means a program through which mediators or mediation is made available and includes the director, agents and employees of the program.
"Mediator" means an impartial third party selected by agreement of the parties to a controversy to assist them in mediation.
Plain-English Summary
Chapter 21.2 opens with the three terms that anchor everything else in it. “Mediation” is defined as a process in which a mediator facilitates communication between the parties and, without deciding the issues or imposing a solution, helps them understand each other and reach a mutually agreeable resolution — a definition that draws a clean line between mediation and adjudication or arbitration, where a third party decides the outcome.
“Mediation program” covers the institutional side: a program through which mediators or mediation services are made available, including the director, agents, and employees who run it. And “mediator” is defined as an impartial third party, selected by agreement of the parties to a controversy, to assist them in that mediation process. These definitions matter beyond this section alone — they set the boundaries for the confidentiality protections, civil immunity, and other rules that follow in the rest of the chapter.
Frequently Asked Questions
Does a mediator decide the outcome of the dispute?
No. Mediation is defined as a process where the mediator facilitates communication without deciding the issues or imposing a solution on the parties.
How is a mediator selected?
By agreement of the parties to the controversy.
What does “mediation program” include?
A program through which mediators or mediation is made available, including the director, agents, and employees of the program.
What is mediation supposed to help the parties accomplish?
To understand and reach a mutually agreeable resolution to their dispute.
Must a mediator be impartial?
Yes, the definition specifically describes a mediator as an impartial third party.
Amendment History
1988, cc. 623, 857; 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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