{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-576.12.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-576.12.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-576.12.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-576.12.html"}],"law_id":64310,"edition_id":1,"section_id":64310,"structure_id":14078,"section_number":"8.01-576.12","catch_line":"Vacating orders and agreements","history":"1993, c. 905; 2002, c. 718.","full_text":"Upon the filing of an independent action by a party, the court shall vacate a mediated agreement reached in a dispute resolution proceeding pursuant to this chapter, or vacate an order incorporating or resulting from such agreement, where:\n\n1\n\nThe agreement was procured by fraud or duress, or is unconscionable;2\n\nIf 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; or3\n\nThere was evident partiality or misconduct by the neutral, prejudicing the rights of any party.\n\t\t\tFor purposes of this section, “misconduct” includes failure of the neutral to inform the parties in writing at the commencement of the mediation process that: (i) the neutral 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.\n\t\t\tThe fact that any provisions of a mediated agreement were such that they could not or would not be granted by a court of law or equity is not, in and of itself, grounds for vacating an agreement.\n\t\t\tA motion to vacate under this section shall be made within two years after the mediated agreement is entered into, except that, if predicated upon fraud, it shall be made within two years after these grounds are discovered or reasonably should have been discovered.","order_by":null,"text":{"0":{"id":234060,"text":"Upon the filing of an independent action by a party, the court shall vacate a mediated agreement reached in a dispute resolution proceeding pursuant to this chapter, or vacate an order incorporating or resulting from such agreement, where:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":234061,"text":"The agreement was procured by fraud or duress, or is unconscionable;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":234062,"text":"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","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":234063,"text":"There was evident partiality or misconduct by the neutral, prejudicing the rights of any party.\n\t\t\tFor purposes of this section, “misconduct” includes failure of the neutral to inform the parties in writing at the commencement of the mediation process that: (i) the neutral 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.\n\t\t\tThe fact that any provisions of a mediated agreement were such that they could not or would not be granted by a court of law or equity is not, in and of itself, grounds for vacating an agreement.\n\t\t\tA motion to vacate under this section shall be made within two years after the mediated agreement is entered into, except that, if predicated upon fraud, it shall be made within two years after these grounds are discovered or reasonably should have been discovered.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-576.12\/","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 1 time. 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. That modification is as follows: in 2002, chapter 718<\/a>.<\/p>","references":[{"id":80648,"section_number":"2.2-4119","catch_line":"Confidentiality between parties; exemption to Freedom of Information Act","order_by":null,"url":"\/2.2-4119\/"},{"id":67016,"section_number":"8.01-576.10","catch_line":"Confidentiality of dispute resolution proceeding","order_by":null,"url":"\/8.01-576.10\/"}],"refers_to":false,"permalink":{"id":278785,"object_type":"law","relational_id":64310,"identifier":"8.01-576.12","token":"8.01\/20.2\/8.01-576.12","url":"\/8.01-576.12\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-576.12\/","token":"8.01\/20.2\/8.01-576.12","dublin_core":{"Title":"Vacating orders and agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-576.12","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the filing of an independent action<\/span> by a party<\/span>, the court<\/span> shall vacate a mediated agreement reached in a dispute resolution proceeding pursuant to this chapter, or vacate an order<\/span> incorporating or resulting from such agreement, where:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The agreement was procured by fraud<\/span> or duress, or is unconscionable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> 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 <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> There was evident partiality or misconduct<\/span> by the neutral, prejudicing the rights of any party<\/span>.\n\t\t\tFor purposes of this section, “misconduct<\/span>” includes failure of the neutral to inform the parties in writing at the commencement of the mediation process that: (i) the neutral does not provide legal advice, (ii) any mediated agreement may affect the legal rights of the parties, (iii) each party<\/span> to the mediation has the opportunity to consult with independent legal counsel<\/span> at any time and is encouraged to do so, and (iv) each party<\/span> to the mediation should have any draft agreement reviewed by independent counsel<\/span> prior to signing the agreement.\n\t\t\tThe fact<\/span> that any provisions of a mediated agreement were such that they could not or would not be granted by a court<\/span> of law<\/span> or equity<\/span> is not, in and of itself, grounds for vacating an agreement.\n\t\t\tA motion<\/span> to vacate under this section shall be made within two years after the mediated agreement is entered into, except that, if predicated upon fraud<\/span>, it shall be made within two years after these grounds are discovered or reasonably should have been discovered. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVACATING ORDERS AND AGREEMENTS (\u00a7 8.01-576.12)\n\nUpon the filing of an independent action by a party, the court shall vacate a\nmediated agreement reached in a dispute resolution proceeding pursuant to this\nchapter, or vacate an order incorporating or resulting from such agreement,\nwhere:\n\n1. The agreement was procured by fraud or duress, or is unconscionable;\n\n2. If property or financial matters in domestic relations cases involving\ndivorce, property, support or the welfare of a child are in dispute, the parties\nfailed to provide substantial full disclosure of all relevant property and\nfinancial information; or\n\n3. There was evident partiality or misconduct by the neutral, prejudicing the\nrights of any party.\n\t\t\tFor purposes of this section, “misconduct” includes failure of\nthe neutral to inform the parties in writing at the commencement of the\nmediation process that: (i) the neutral does not provide legal advice, (ii) any\nmediated agreement may affect the legal rights of the parties, (iii) each party\nto the mediation has the opportunity to consult with independent legal counsel\nat any time and is encouraged to do so, and (iv) each party to the mediation\nshould have any draft agreement reviewed by independent counsel prior to signing\nthe agreement.\n\t\t\tThe fact that any provisions of a mediated agreement were such that they\ncould not or would not be granted by a court of law or equity is not, in and of\nitself, grounds for vacating an agreement.\n\t\t\tA motion to vacate under this section shall be made within two years after\nthe mediated agreement is entered into, except that, if predicated upon fraud,\nit shall be made within two years after these grounds are discovered or\nreasonably should have been discovered.\n\nHISTORY: 1993, c. 905; 2002, c. 718.","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}}