When a mediation is provided by a mediator who is certified pursuant to guidelines promulgated by the Judicial Council of Virginia, or who is trained and serves as a mediator through the statewide mediation program established pursuant to § 2.2-1202.1, then that mediator, mediation programs for which that mediator is providing services, and a mediator co-mediating with that 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.
§ 8.01-581.23.Civil immunity.
Chapter 21.2. Mediation · Last amended 2012 · Last verified July 16, 2026
In one sentenceA mediator certified under Judicial Council guidelines or trained through the statewide mediation program, along with the mediation program and any co-mediator, is immune from civil liability for acts or omissions in conducting the mediation, unless done in bad faith, with malicious intent, or with willful and wanton disregard for another’s rights, safety, or property.
Full Text of § 8.01-581.23
Plain-English Summary
This section extends civil immunity to two categories of mediators: those certified under guidelines promulgated by the Judicial Council of Virginia, and those trained and serving through the statewide mediation program established under § 2.2-1202.1. That protection reaches beyond the individual mediator, too — it covers the mediation program the mediator is providing services for, and any co-mediator working alongside them.
The immunity applies to any act or omission made while the mediator is engaged in efforts to assist or conduct the mediation, but it isn’t unlimited. It falls away if the act or omission was done in bad faith, with malicious intent, or in a manner exhibiting willful, wanton disregard for the rights, safety, or property of another. The section closes with a savings clause making clear it isn’t meant to displace any other immunity that might independently protect a mediator.
Frequently Asked Questions
What kind of mediator qualifies for this civil immunity?
One certified pursuant to guidelines promulgated by the Judicial Council of Virginia, or one trained and serving as a mediator through the statewide mediation program established under § 2.2-1202.1.
Does the immunity extend beyond the individual mediator?
Yes. It also covers mediation programs for which that mediator is providing services and any mediator co-mediating with that mediator.
What conduct forfeits this immunity?
Acts or omissions made in bad faith, with malicious intent, or in a manner exhibiting willful, wanton disregard of the rights, safety, or property of another.
Does this section replace other immunities a mediator might have?
No. The section states its language is not intended to abrogate any other immunity that may be applicable to a mediator.
What must the act or omission relate to for immunity to apply?
It must be done or made while the mediator is engaged in efforts to assist or conduct a mediation.
Amendment History
1988, cc. 623, 857; 2002, c. 718; 2012, cc. 803, 835.
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 mediator civil immunity statuteis a mediator liable in virginiacertified mediator immunity virginia