Upon the filing of an independent action by a party, the court shall vacate a mediated agreement reached in a mediation pursuant to this chapter, or vacate an order incorporating or resulting from such agreement, where:
§ 8.01-581.26.Vacating orders and agreements.
Chapter 21.2. Mediation · Last amended 2002 · Last verified July 16, 2026
In one sentenceA court must vacate a mediated agreement, or an order built on one, if an independent action shows it was procured by fraud or duress, is unconscionable, rested on incomplete financial disclosure in a domestic relations dispute, or resulted from the mediator’s evident partiality or misconduct, including the mediator’s failure to give the required upfront disclosures about legal advice and independent counsel.
Full Text of § 8.01-581.26
1. The agreement was procured by fraud or duress, or is unconscionable;
2. If property or financial matters in domestic relations cases involving divorce, property, support or the welfare of a child are in dispute, the parties failed to provide substantial full disclosure of all relevant property and financial information; or
3. There was evident partiality or misconduct by the mediator, prejudicing the rights of any party.
For purposes of this section, "misconduct" includes failure of the mediator to inform the parties at the commencement of the mediation process that: (i) the mediator does not provide legal advice, (ii) any mediated agreement may affect the legal rights of the parties, (iii) each party to the mediation has the opportunity to consult with independent legal counsel at any time and is encouraged to do so, and (iv) each party to the mediation should have any draft agreement reviewed by independent counsel prior to signing the agreement.
Plain-English Summary
This section gives a party a way to unwind a mediated agreement that went wrong, but only through specific channels. A party has to file an independent action, and the court must then vacate the mediated agreement, or any order incorporating or resulting from it, on one of three grounds: the agreement was procured by fraud or duress, or is unconscionable; in a domestic relations case involving divorce, property, support, or a child’s welfare, the parties failed to make substantial full disclosure of relevant property and financial information; or there was evident partiality or misconduct by the mediator that prejudiced a party’s rights.
The section then defines “misconduct” with real specificity. It includes the mediator’s failure, at the start of the mediation, to tell the parties that the mediator doesn’t provide legal advice, that the resulting agreement may affect their legal rights, that each party can consult independent legal counsel at any time and is encouraged to do so, and that each party should have a draft agreement reviewed by independent counsel before signing it. Skipping any of those disclosures counts as misconduct that can support vacating the agreement.
Frequently Asked Questions
How does a party go about getting a mediated agreement vacated?
By filing an independent action; the court then vacates the agreement, or an order incorporating or resulting from it, if one of the statute’s listed grounds is shown.
What financial disclosure failure can justify vacating an agreement?
In domestic relations cases involving divorce, property, support, or the welfare of a child, the failure of the parties to provide substantial full disclosure of all relevant property and financial information.
Does mediator misconduct alone justify vacating the agreement?
Only if it amounts to evident partiality or misconduct that prejudiced the rights of a party.
What counts as “misconduct” by the mediator under this section?
Failing to inform the parties at the start that the mediator does not provide legal advice, that the agreement may affect their legal rights, that each party may consult independent counsel at any time, and that each party should have any draft agreement reviewed by independent counsel before signing.
Can an agreement be vacated because one party later regrets it?
No. The statute limits vacatur to specific grounds — fraud, duress, unconscionability, inadequate financial disclosure in domestic relations matters, or mediator partiality or misconduct that prejudiced a party’s rights.
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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