                                 CODE OF VIRGINIA

CONFIDENTIALITY OF DISPUTE RESOLUTION PROCEEDING (§ 8.01-576.10)

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.
		Confidential 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&#8217;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 § 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.

HISTORY: 1993, c. 905; 1994, c. 687; 2002, c. 718; 2013, cc. 283, 383.