                                 CODE OF VIRGINIA

REFERRAL OF DISPUTES TO DISPUTE RESOLUTION PROCEEDINGS (§ 8.01-576.5)

While protecting the right to trial by jury, a court, on its own motion or on
motion of one of the parties, may refer any contested civil matter, or selected
issues in a civil matter, to an orientation session in order to encourage the
early resolution of disputes through the use of procedures that facilitate (i)
open communication between the parties about the issues in the dispute, (ii)
full exploration of the range of options to resolve the dispute, (iii)
improvement in the relationship between the parties, and (iv) control by the
parties over the outcome of the dispute. The neutral or intake specialist
conducting the orientation session shall provide information regarding dispute
resolution options available to the parties, screen for factors that would make
the case inappropriate for a dispute resolution proceeding, and assist the
parties in determining whether their case is suitable for a dispute resolution
process such as mediation. The court shall set a date for the parties to return
to court in accordance with its regular docket and procedure, irrespective of
the referral to an orientation session. The parties shall notify the court, in
writing, if the dispute is resolved prior to the return date.
		Upon such referral, the parties shall attend one orientation session unless
excused pursuant to § 8.01-576.6. Further participation in a dispute resolution
proceeding shall be by consent of all parties. Attorneys for any party may
participate in a dispute resolution proceeding.

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