{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-576.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-576.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-576.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-576.10.html"}],"law_id":67016,"edition_id":1,"section_id":67016,"structure_id":14078,"section_number":"8.01-576.10","catch_line":"Confidentiality of dispute resolution proceeding","history":"1993, c. 905; 1994, c. 687; 2002, c. 718; 2013, cc. 283, 383.","full_text":"All memoranda, work products and other materials contained in the case files of a neutral or dispute resolution program are confidential. Any communication made in or in connection with the dispute resolution proceeding that relates to the controversy, including screening, intake and scheduling a dispute resolution proceeding, whether made to the neutral or dispute resolution program staff or to a party, or to any other person, is confidential. However, a written settlement agreement signed by the parties shall not be confidential, unless the parties otherwise agree in writing.\n\t\tConfidential materials and communications are not subject to disclosure in discovery or in any judicial or administrative proceeding except (i) where all parties to the dispute resolution proceeding agree, in writing, to waive the confidentiality, (ii) in a subsequent action between the neutral or dispute resolution program and a party to the dispute resolution proceeding for damages arising out of the dispute resolution proceeding, (iii) statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and actually used in the dispute resolution proceeding, (iv) where a threat to inflict bodily injury is made, (v) where communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime, (vi) where an ethics complaint is made against the neutral by a party to the dispute resolution proceeding to the extent necessary for the complainant to prove misconduct and the neutral to defend against such complaint, (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party’s legal representative based on conduct occurring during a mediation, (viii) where communications are sought or offered to prove or disprove any of the grounds listed in \u00a7 8.01-576.12 in a proceeding to vacate a mediated agreement, or (ix) as provided by law or rule. The use of attorney work product in a dispute resolution proceeding shall not result in a waiver of the attorney work product privilege.","order_by":null,"text":{"0":{"id":242911,"text":"All memoranda, work products and other materials contained in the case files of a neutral or dispute resolution program are confidential. Any communication made in or in connection with the dispute resolution proceeding that relates to the controversy, including screening, intake and scheduling a dispute resolution proceeding, whether made to the neutral or dispute resolution program staff or to a party, or to any other person, is confidential. However, a written settlement agreement signed by the parties shall not be confidential, unless the parties otherwise agree in writing.\n\t\tConfidential materials and communications are not subject to disclosure in discovery or in any judicial or administrative proceeding except (i) where all parties to the dispute resolution proceeding agree, in writing, to waive the confidentiality, (ii) in a subsequent action between the neutral or dispute resolution program and a party to the dispute resolution proceeding for damages arising out of the dispute resolution proceeding, (iii) statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in and actually used in the dispute resolution proceeding, (iv) where a threat to inflict bodily injury is made, (v) where communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime, (vi) where an ethics complaint is made against the neutral by a party to the dispute resolution proceeding to the extent necessary for the complainant to prove misconduct and the neutral to defend against such complaint, (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party’s legal representative based on conduct occurring during a mediation, (viii) where communications are sought or offered to prove or disprove any of the grounds listed in \u00a7 8.01-576.12 in a proceeding to vacate a mediated agreement, or (ix) as provided by law or rule. The use of attorney work product in a dispute resolution proceeding shall not result in a waiver of the attorney work product privilege.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14078,"edition_id":1,"name":"Court-Referred Dispute Resolution Proceedings","identifier":"20.2","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:46:48","date_modified":"2026-06-26 03:46:48","permalink":{"id":278775,"object_type":"structure","relational_id":14078,"identifier":"20.2","token":"8.01\/20.2","url":"\/8.01\/20.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","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":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67016,"structure_id":14078,"section_number":"8.01-576.10","catch_line":"Confidentiality of dispute resolution proceeding","url":"\/8.01-576.10\/","token":"8.01\/20.2\/8.01-576.10","metadata":false},{"id":73838,"structure_id":14078,"section_number":"8.01-576.11","catch_line":"Effect of written settlement agreement","url":"\/8.01-576.11\/","token":"8.01\/20.2\/8.01-576.11","metadata":false},{"id":64310,"structure_id":14078,"section_number":"8.01-576.12","catch_line":"Vacating orders and agreements","url":"\/8.01-576.12\/","token":"8.01\/20.2\/8.01-576.12","metadata":false},{"id":83325,"structure_id":14078,"section_number":"8.01-576.4","catch_line":"Scope and definitions","url":"\/8.01-576.4\/","token":"8.01\/20.2\/8.01-576.4","metadata":false},{"id":55196,"structure_id":14078,"section_number":"8.01-576.5","catch_line":"Referral of disputes to dispute resolution proceedings","url":"\/8.01-576.5\/","token":"8.01\/20.2\/8.01-576.5","metadata":false},{"id":72333,"structure_id":14078,"section_number":"8.01-576.6","catch_line":"Notice and opportunity to object","url":"\/8.01-576.6\/","token":"8.01\/20.2\/8.01-576.6","metadata":false},{"id":76547,"structure_id":14078,"section_number":"8.01-576.7","catch_line":"Costs","url":"\/8.01-576.7\/","token":"8.01\/20.2\/8.01-576.7","metadata":false},{"id":72690,"structure_id":14078,"section_number":"8.01-576.8","catch_line":"Qualifications of neutrals; referral","url":"\/8.01-576.8\/","token":"8.01\/20.2\/8.01-576.8","metadata":false},{"id":67733,"structure_id":14078,"section_number":"8.01-576.9","catch_line":"Standards and duties of neutrals; confidentiality; liability","url":"\/8.01-576.9\/","token":"8.01\/20.2\/8.01-576.9","metadata":false}],"next_section":{"id":73838,"structure_id":14078,"section_number":"8.01-576.11","catch_line":"Effect of written settlement agreement","url":"\/8.01-576.11\/","token":"8.01\/20.2\/8.01-576.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-576.10\/","history_text":"

This law was first created in 1993. The record of its establishment is cataloged in chapter 905 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. Unfortunately, the 1993 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1994, chapter 687<\/a>; in 2002, chapter 718<\/a>; in 2013, chapters 283<\/a> and 383<\/a>.<\/p>","references":[{"id":86115,"section_number":"10.1-1186.3","catch_line":"Additional powers of Boards and the Department; mediation; alternative dispute resolution","order_by":null,"url":"\/10.1-1186.3\/"},{"id":61167,"section_number":"4.1-103.03","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","order_by":null,"url":"\/4.1-103.03\/"},{"id":61308,"section_number":"4.1-605","catch_line":"Additional powers; mediation; alternative dispute resolution; confidentiality","order_by":null,"url":"\/4.1-605\/"}],"refers_to":[{"id":64310,"section_number":"8.01-576.12","catch_line":"Vacating orders and agreements","order_by":null,"url":"\/8.01-576.12\/"}],"permalink":{"id":278777,"object_type":"law","relational_id":67016,"identifier":"8.01-576.10","token":"8.01\/20.2\/8.01-576.10","url":"\/8.01-576.10\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-576.10\/","token":"8.01\/20.2\/8.01-576.10","dublin_core":{"Title":"Confidentiality of dispute resolution proceeding","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-576.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

All memoranda, work products and other materials<\/span> contained in the case files<\/span> of a neutral or dispute resolution program are confidential. Any communication made in or in connection with the dispute resolution proceeding that relates to the controversy, including screening, intake and scheduling a dispute resolution proceeding, whether made to the neutral or dispute resolution program staff or to a party<\/span>, or to any other person<\/span>, is confidential. However, a written settlement<\/span> agreement signed by the parties shall not be confidential, unless the parties otherwise agree in writing.\n\t\tConfidential materials<\/span> and communications are not subject to disclosure in discovery<\/span> or in any judicial or administrative proceeding except (i) where all parties to the dispute resolution proceeding agree, in writing, to waive<\/span> the confidentiality, (ii) in a subsequent action<\/span> between the neutral or dispute resolution program and a party<\/span> to the dispute resolution proceeding for damages<\/span> arising out of the dispute resolution proceeding, (iii) statements, memoranda, materials<\/span> and other tangible evidence<\/span>, otherwise subject to discovery<\/span>, that were not prepared specifically for use in and actually used in the dispute resolution proceeding, (iv) where a threat to inflict bodily injury is made, (v) where communications are intentionally used to plan, attempt to commit, or commit a crime<\/span> or conceal an ongoing crime<\/span>, (vi) where an ethics complaint is made against the neutral by a party<\/span> to the dispute resolution proceeding to the extent necessary for the complainant to prove misconduct and the neutral to defend against such complaint, (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party<\/span>’s legal representative based on conduct occurring during a mediation, (viii) where communications are sought or offered to prove or disprove any of the grounds listed in \u00a7 8.01-576.12<\/a> in a proceeding to vacate a mediated agreement, or (ix) as provided by law<\/span> or rule. The use of attorney work product in a dispute resolution proceeding shall not result in a waiver<\/span> of the attorney work product privilege<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCONFIDENTIALITY OF DISPUTE RESOLUTION PROCEEDING (\u00a7 8.01-576.10)\n\nAll memoranda, work products and other materials contained in the case files of\na neutral or dispute resolution program are confidential. Any communication made\nin or in connection with the dispute resolution proceeding that relates to the\ncontroversy, including screening, intake and scheduling a dispute resolution\nproceeding, whether made to the neutral or dispute resolution program staff or\nto a party, or to any other person, is confidential. However, a written\nsettlement agreement signed by the parties shall not be confidential, unless the\nparties otherwise agree in writing.\n\t\tConfidential materials and communications are not subject to disclosure in\ndiscovery or in any judicial or administrative proceeding except (i) where all\nparties to the dispute resolution proceeding agree, in writing, to waive the\nconfidentiality, (ii) in a subsequent action between the neutral or dispute\nresolution program and a party to the dispute resolution proceeding for damages\narising out of the dispute resolution proceeding, (iii) statements, memoranda,\nmaterials and other tangible evidence, otherwise subject to discovery, that were\nnot prepared specifically for use in and actually used in the dispute resolution\nproceeding, (iv) where a threat to inflict bodily injury is made, (v) where\ncommunications are intentionally used to plan, attempt to commit, or commit a\ncrime or conceal an ongoing crime, (vi) where an ethics complaint is made\nagainst the neutral by a party to the dispute resolution proceeding to the\nextent necessary for the complainant to prove misconduct and the neutral to\ndefend against such complaint, (vii) where communications are sought or offered\nto prove or disprove a claim or complaint of misconduct or malpractice filed\nagainst a party’s legal representative based on conduct occurring during a\nmediation, (viii) where communications are sought or offered to prove or\ndisprove any of the grounds listed in \u00a7 8.01-576.12 in a proceeding to vacate a\nmediated agreement, or (ix) as provided by law or rule. The use of attorney work\nproduct in a dispute resolution proceeding shall not result in a waiver of the\nattorney work product privilege.\n\nHISTORY: 1993, c. 905; 1994, c. 687; 2002, c. 718; 2013, cc. 283, 383.","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}}