                                 CODE OF VIRGINIA

VACATING ORDERS AND AGREEMENTS (§ 8.01-581.26)

Upon the filing of an independent action by a party, the court shall vacate a
mediated agreement reached in a mediation 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 mediator, prejudicing the
rights of any party.
			For purposes of this section, &#8220;misconduct&#8221; includes failure of
the mediator to inform the parties at the commencement of the mediation process
that: (i) the mediator 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.

HISTORY: 2002, c. 718.