                                 CODE OF VIRGINIA

STANDARDS AND DUTIES OF NEUTRALS; CONFIDENTIALITY; LIABILITY (§ 8.01-576.9)

A neutral selected to conduct a dispute resolution proceeding under this chapter
may encourage and assist the parties in reaching a resolution of their dispute,
but may not compel or coerce the parties into entering into a settlement
agreement. A neutral has an obligation to remain impartial and free from
conflict of interests in each case, and to decline to participate further in a
case should such partiality or conflict arise. Unless expressly authorized by
the disclosing party, the neutral may not disclose to either party information
relating to the subject matter of the dispute resolution proceeding provided to
him in confidence by the other. In reporting on the outcome of the dispute
resolution proceeding to the referring court, the neutral shall indicate whether
an agreement was reached, the terms of the agreement if authorized by the
parties, the fact that no agreement was reached, or the fact that the
orientation session or mediation did not occur. The neutral shall not disclose
information exchanged or observations regarding the conduct and demeanor of the
parties and their counsel during the dispute resolution proceeding, unless the
parties otherwise agree.
		However, where the dispute involves the support of minor children of the
parties, the parties shall disclose to each other and to the neutral the
information to be used in completing the child support guidelines worksheet
required by § 20-108.2. The guidelines computations and any reasons for
deviation shall be incorporated in any written agreement between the parties.
		With respect to liability, when mediation is provided by a mediator who is
certified pursuant to guidelines promulgated by the Judicial Council of
Virginia, then the mediator, mediation program for which the certified mediator
is providing services, and a mediator co-mediating with a certified mediator
shall be immune from civil liability for, or resulting from, any act or omission
done or made while engaged in efforts to assist or conduct a mediation, unless
the act or omission was made or done in bad faith, with malicious intent or in a
manner exhibiting a willful, wanton disregard of the rights, safety or property
of another. This language is not intended to abrogate any other immunity that
may be applicable to a mediator.

HISTORY: 1993, c. 905; 1994, c. 687; 2002, c. 718.