                                 CODE OF VIRGINIA

VACATING ORDERS AND AGREEMENTS (§ 8.01-576.12)

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:

1. The agreement was procured by fraud or duress, or is unconscionable;

2. 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

3. There was evident partiality or misconduct by the neutral, prejudicing the
rights of any party.
			For purposes of this section, &#8220;misconduct&#8221; 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.
			The 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.
			A 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.

HISTORY: 1993, c. 905; 2002, c. 718.