{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4119.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4119.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4119.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4119.html"}],"law_id":80648,"edition_id":1,"section_id":80648,"structure_id":15806,"section_number":"2.2-4119","catch_line":"Confidentiality between parties; exemption to Freedom of Information Act","history":"2002, c. 633.","full_text":"A\n\nExcept for the materials described in subsection B, all dispute resolution proceedings conducted pursuant to this chapter are subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).B\n\nAll memoranda, work products, or other materials contained in the case file of a mediator are confidential and all materials in the case file of a mediation program pertaining to a specific mediation are confidential. Any communication made in or in connection with a mediation that relates to the dispute, including communications to schedule a mediation, whether made to a mediator, a mediation program, a party or any other person is confidential. A written settlement agreement is not confidential unless the parties agree in writing. Confidential materials and communications are not subject to disclosure or discovery in any judicial or administrative proceeding except (i) when all parties to the mediation agree, in writing, to waive the confidentiality; (ii) to the extent necessary in a subsequent action between the mediator and a party for damages arising out of the mediation; (iii) statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, which were not prepared specifically for use in and actually used in the mediation; (iv) where communications are sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against the mediator; (v) where a threat to inflict bodily injury is made; (vi) where communications are intentionally used to plan, attempt to commit or commit a crime or conceal an ongoing crime; (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party, nonparty, participant or representative of a party based on conduct occurring during a mediation; (viii) where communications are sought or offered to prove or disprove any of the reasons listed in § 8.01-576.12 that would enable a court to vacate a mediated agreement; or (ix) as provided by law or rule other than the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The use of attorney work product in a mediation shall not result in a waiver of the attorney work product privilege. Unless otherwise specified by the parties, no mediation proceeding shall be electronically or stenographically recorded.","order_by":null,"text":{"0":{"id":289035,"text":"Except for the materials described in subsection B, all dispute resolution proceedings conducted pursuant to this chapter are subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289036,"text":"All memoranda, work products, or other materials contained in the case file of a mediator are confidential and all materials in the case file of a mediation program pertaining to a specific mediation are confidential. Any communication made in or in connection with a mediation that relates to the dispute, including communications to schedule a mediation, whether made to a mediator, a mediation program, a party or any other person is confidential. A written settlement agreement is not confidential unless the parties agree in writing. Confidential materials and communications are not subject to disclosure or discovery in any judicial or administrative proceeding except (i) when all parties to the mediation agree, in writing, to waive the confidentiality; (ii) to the extent necessary in a subsequent action between the mediator and a party for damages arising out of the mediation; (iii) statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, which were not prepared specifically for use in and actually used in the mediation; (iv) where communications are sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against the mediator; (v) where a threat to inflict bodily injury is made; (vi) where communications are intentionally used to plan, attempt to commit or commit a crime or conceal an ongoing crime; (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party, nonparty, participant or representative of a party based on conduct occurring during a mediation; (viii) where communications are sought or offered to prove or disprove any of the reasons listed in § 8.01-576.12 that would enable a court to vacate a mediated agreement; or (ix) as provided by law or rule other than the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The use of attorney work product in a mediation shall not result in a waiver of the attorney work product privilege. Unless otherwise specified by the parties, no mediation proceeding shall be electronically or stenographically recorded.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15806,"edition_id":1,"name":"Virginia Administrative Dispute Resolution Act","identifier":"41.1","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:59:49","date_modified":"2026-06-26 03:59:49","permalink":{"id":176957,"object_type":"structure","relational_id":15806,"identifier":"41.1","token":"2.2\/II\/B\/41.1","url":"\/2.2\/II\/B\/41.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63251,"structure_id":15806,"section_number":"2.2-4115","catch_line":"Definitions","url":"\/2.2-4115\/","token":"2.2\/II\/B\/41.1\/2.2-4115","metadata":false},{"id":68510,"structure_id":15806,"section_number":"2.2-4116","catch_line":"Authority to use dispute resolution proceedings","url":"\/2.2-4116\/","token":"2.2\/II\/B\/41.1\/2.2-4116","metadata":false},{"id":60944,"structure_id":15806,"section_number":"2.2-4117","catch_line":"State agency promotion of dispute resolution proceedings","url":"\/2.2-4117\/","token":"2.2\/II\/B\/41.1\/2.2-4117","metadata":false},{"id":67606,"structure_id":15806,"section_number":"2.2-4118","catch_line":"Repealed","url":"\/2.2-4118\/","token":"2.2\/II\/B\/41.1\/2.2-4118","metadata":false},{"id":80648,"structure_id":15806,"section_number":"2.2-4119","catch_line":"Confidentiality between parties; exemption to Freedom of Information Act","url":"\/2.2-4119\/","token":"2.2\/II\/B\/41.1\/2.2-4119","metadata":false}],"previous_section":{"id":67606,"structure_id":15806,"section_number":"2.2-4118","catch_line":"Repealed","url":"\/2.2-4118\/","token":"2.2\/II\/B\/41.1\/2.2-4118","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4119\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 633<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":72874,"section_number":"2.2-3705.1","catch_line":"Exclusions to application of chapter; exclusions of general application to public bodies","order_by":null,"url":"\/2.2-3705.1\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":64310,"section_number":"8.01-576.12","catch_line":"Vacating orders and agreements","order_by":null,"url":"\/8.01-576.12\/"}],"permalink":{"id":176975,"object_type":"law","relational_id":80648,"identifier":"2.2-4119","token":"2.2\/II\/B\/41.1\/2.2-4119","url":"\/2.2-4119\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4119\/","token":"2.2\/II\/B\/41.1\/2.2-4119","dublin_core":{"Title":"Confidentiality between parties; exemption to Freedom of Information Act","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4119","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except for the materials<\/span> described in subsection B, all dispute resolution proceedings<\/span> conducted pursuant to this chapter are subject to the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> All memoranda, work products, or other materials<\/span> contained in the case file<\/span> of a mediator<\/span> are confidential and all materials<\/span> in the case file<\/span> of a mediation program<\/span> pertaining to a specific mediation are confidential. Any communication made in or in connection with a mediation that relates to the dispute, including communications to schedule a mediation, whether made to a mediator<\/span>, a mediation program<\/span>, a party<\/span> or any other person is confidential. A written settlement<\/span> agreement is not confidential unless the parties agree in writing. Confidential materials<\/span> and communications are not subject to disclosure or discovery<\/span> in any judicial or administrative proceeding except (i) when all parties to the mediation agree, in writing, to waive<\/span> the confidentiality; (ii) to the extent necessary in a subsequent action between the mediator<\/span> and a party<\/span> for damages<\/span> arising out of the mediation; (iii) statements, memoranda, materials<\/span> and other tangible evidence<\/span>, otherwise subject to discovery<\/span>, which were not prepared specifically for use in and actually used in the mediation; (iv) where communications are sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against the mediator<\/span>; (v) where a threat to inflict bodily injury is made; (vi) where communications are intentionally used to plan, attempt to commit or commit a crime<\/span> or conceal an ongoing crime<\/span>; (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party<\/span>, nonparty, participant or representative of a party<\/span> based on conduct occurring during a mediation; (viii) where communications are sought or offered to prove or disprove any of the reasons listed in § 8.01-576.12<\/a> that would enable a court<\/span> to vacate a mediated agreement; or (ix) as provided by law<\/span> or rule other than the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). The use of attorney work product in a mediation shall not result in a waiver<\/span> of the attorney work product privilege<\/span>. Unless otherwise specified by the parties, no mediation proceeding shall be electronically or stenographically recorded. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY BETWEEN PARTIES; EXEMPTION TO FREEDOM OF INFORMATION ACT (\u00a7\n2.2-4119)\n\nA. Except for the materials described in subsection B, all dispute resolution\nproceedings conducted pursuant to this chapter are subject to the Virginia\nFreedom of Information Act (§ 2.2-3700 et seq.).\n\nB. All memoranda, work products, or other materials contained in the case file\nof a mediator are confidential and all materials in the case file of a mediation\nprogram pertaining to a specific mediation are confidential. Any communication\nmade in or in connection with a mediation that relates to the dispute, including\ncommunications to schedule a mediation, whether made to a mediator, a mediation\nprogram, a party or any other person is confidential. A written settlement\nagreement is not confidential unless the parties agree in writing. Confidential\nmaterials and communications are not subject to disclosure or discovery in any\njudicial or administrative proceeding except (i) when all parties to the\nmediation agree, in writing, to waive the confidentiality; (ii) to the extent\nnecessary in a subsequent action between the mediator and a party for damages\narising out of the mediation; (iii) statements, memoranda, materials and other\ntangible evidence, otherwise subject to discovery, which were not prepared\nspecifically for use in and actually used in the mediation; (iv) where\ncommunications are sought or offered to prove or disprove a claim or complaint\nof professional misconduct or malpractice filed against the mediator; (v) where\na threat to inflict bodily injury is made; (vi) where communications are\nintentionally used to plan, attempt to commit or commit a crime or conceal an\nongoing crime; (vii) where communications are sought or offered to prove or\ndisprove a claim or complaint of misconduct or malpractice filed against a\nparty, nonparty, participant or representative of a party based on conduct\noccurring during a mediation; (viii) where communications are sought or offered\nto prove or disprove any of the reasons listed in § 8.01-576.12 that would\nenable a court to vacate a mediated agreement; or (ix) as provided by law or\nrule other than the Virginia Freedom of Information Act (§ 2.2-3700 et\nseq.). The use of attorney work product in a mediation shall not result in a\nwaiver of the attorney work product privilege. Unless otherwise specified by the\nparties, no mediation proceeding shall be electronically or stenographically\nrecorded.\n\nHISTORY: 2002, c. 633.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}