                                 CODE OF VIRGINIA

CONFIDENTIALITY; EXCEPTIONS (§ 8.01-581.22)

All memoranda, work products and other materials contained in the case files of
a mediator or mediation program are confidential. Any communication made in or
in connection with the mediation, which relates to the controversy being
mediated, including screening, intake, and scheduling a mediation, whether made
to the mediator, mediation program staff, to a party, or to any other person, is
confidential. However, a written mediated 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 mediation agree, in writing, to waive the confidentiality, (ii)
in a subsequent action between the mediator or mediation program and a party to
the mediation for damages arising out of the mediation, (iii) statements,
memoranda, materials and other tangible evidence, otherwise subject to
discovery, which were not prepared specifically for use in and actually used in
the mediation, (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 mediator by a party to the mediation to the extent necessary for the
complainant to prove misconduct and the mediator 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 § 8.01-581.26 in a proceeding to vacate a mediated agreement, or (ix)
as provided by law or rule. The use of attorney work product in a mediation
shall not result in a waiver of the attorney work product privilege.

HISTORY: 1988, cc. 623, 857; 2002, c. 718; 2013, cc. 283, 383.