If the parties reach a settlement and execute a written agreement disposing of the dispute, the agreement is enforceable in the same manner as any other written contract. If the mediation involves a case that is filed in court, upon request of all parties and consistent with law and public policy, the court shall incorporate the written agreement into the terms of its final decree disposing of a case. In cases in which the dispute involves support for the minor children of the parties, an order incorporating a written agreement shall also include the child support guidelines worksheet and, if applicable, the written reasons for any deviation from the guidelines. The child support guidelines worksheet shall be attached to the order.
§ 8.01-581.25.Effect of written settlement agreement.
Chapter 21.2. Mediation · Last amended 2002 · Last verified July 16, 2026
In one sentenceA written mediation settlement is enforceable like any other contract, and if the mediated case was already in court, the judge must incorporate the agreement into the final decree at all parties’ request, attaching the child support guidelines worksheet and any deviation reasons when the dispute involves child support.
Full Text of § 8.01-581.25
Plain-English Summary
Once the parties reach a settlement through mediation and put it in a signed written agreement, that agreement is enforceable the same way any other written contract would be — mediation doesn’t create some weaker or different kind of obligation. If the mediation grew out of a case already filed in court, this section adds a further step: upon the request of all parties, and so long as it’s consistent with law and public policy, the court has to incorporate the written agreement into the terms of its final decree disposing of the case.
Child support disputes get an extra requirement layered on top. When the case involves support for the parties’ minor children, the order incorporating the agreement also has to include the child support guidelines worksheet, and if the parties deviated from the guidelines, the written reasons for that deviation. The worksheet itself gets physically attached to the order.
Frequently Asked Questions
How is a written mediation settlement agreement enforced?
In the same manner as any other written contract.
If the mediated dispute was already in litigation, must the court adopt the settlement?
Upon request of all parties, and consistent with law and public policy, the court shall incorporate the written agreement into the terms of its final decree disposing of the case.
What extra document must be attached when the settlement involves child support?
The child support guidelines worksheet, attached to the order.
What if the parties agreed to deviate from the standard child support guidelines?
The written reasons for the deviation must also be included in the order, if applicable.
Is court incorporation of the agreement automatic?
No, it happens upon request of all parties rather than automatically.
Amendment History
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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