{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-581.26.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-581.26.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-581.26.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-581.26.html"}],"law_id":58931,"edition_id":1,"section_id":58931,"structure_id":14743,"section_number":"8.01-581.26","catch_line":"Vacating orders and agreements","history":"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 mediation 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 mediator, prejudicing the rights of any party.\n\t\t\tFor 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.","order_by":null,"text":{"0":{"id":216109,"text":"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:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":216110,"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":216111,"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":216112,"text":"There was evident partiality or misconduct by the mediator, prejudicing the rights of any party.\n\t\t\tFor 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.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2"}},"ancestry":[{"id":14743,"edition_id":1,"name":"Mediation","identifier":"21.2","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:49:40","date_modified":"2026-06-26 03:49:40","permalink":{"id":279025,"object_type":"structure","relational_id":14743,"identifier":"21.2","token":"8.01\/21.2","url":"\/8.01\/21.2\/","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":61439,"structure_id":14743,"section_number":"8.01-581.21","catch_line":"Definitions","url":"\/8.01-581.21\/","token":"8.01\/21.2\/8.01-581.21","metadata":false},{"id":78455,"structure_id":14743,"section_number":"8.01-581.22","catch_line":"Confidentiality; exceptions","url":"\/8.01-581.22\/","token":"8.01\/21.2\/8.01-581.22","metadata":false},{"id":71762,"structure_id":14743,"section_number":"8.01-581.23","catch_line":"Civil immunity","url":"\/8.01-581.23\/","token":"8.01\/21.2\/8.01-581.23","metadata":false},{"id":56472,"structure_id":14743,"section_number":"8.01-581.24","catch_line":"Standards and duties of mediators; confidentiality; liability","url":"\/8.01-581.24\/","token":"8.01\/21.2\/8.01-581.24","metadata":false},{"id":70435,"structure_id":14743,"section_number":"8.01-581.25","catch_line":"Effect of written settlement agreement","url":"\/8.01-581.25\/","token":"8.01\/21.2\/8.01-581.25","metadata":false},{"id":58931,"structure_id":14743,"section_number":"8.01-581.26","catch_line":"Vacating orders and agreements","url":"\/8.01-581.26\/","token":"8.01\/21.2\/8.01-581.26","metadata":false}],"previous_section":{"id":70435,"structure_id":14743,"section_number":"8.01-581.25","catch_line":"Effect of written settlement agreement","url":"\/8.01-581.25\/","token":"8.01\/21.2\/8.01-581.25","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-581.26\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 718<\/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":78455,"section_number":"8.01-581.22","catch_line":"Confidentiality; exceptions","order_by":null,"url":"\/8.01-581.22\/"}],"refers_to":false,"permalink":{"id":279047,"object_type":"law","relational_id":58931,"identifier":"8.01-581.26","token":"8.01\/21.2\/8.01-581.26","url":"\/8.01-581.26\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-581.26\/","token":"8.01\/21.2\/8.01-581.26","dublin_core":{"Title":"Vacating orders and agreements","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-581.26","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 mediation<\/span> 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 mediator<\/span>, prejudicing the rights of any party<\/span>.\n\t\t\tFor purposes of this section, “misconduct<\/span>” includes failure of the mediator<\/span> to inform the parties at the commencement of the mediation<\/span> process that: (i) the mediator<\/span> does not provide legal advice, (ii) any mediated agreement may affect the legal rights of the parties, (iii) each party<\/span> to the mediation<\/span> 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<\/span> should have any draft agreement reviewed by independent counsel<\/span> prior to signing the agreement. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVACATING ORDERS AND AGREEMENTS (\u00a7 8.01-581.26)\n\nUpon the filing of an independent action by a party, the court shall vacate a\nmediated agreement reached in a mediation pursuant to this chapter, or vacate an\norder incorporating or resulting from such agreement, where:\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 mediator, prejudicing the\nrights of any party.\n\t\t\tFor purposes of this section, “misconduct” includes failure of\nthe mediator to inform the parties at the commencement of the mediation process\nthat: (i) the mediator does not provide legal advice, (ii) any mediated\nagreement may affect the legal rights of the parties, (iii) each party to the\nmediation has the opportunity to consult with independent legal counsel at any\ntime and is encouraged to do so, and (iv) each party to the mediation should\nhave any draft agreement reviewed by independent counsel prior to signing the\nagreement.\n\nHISTORY: 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}}