2.2-4116 - Authority to use dispute resolution proceedings. - Virginia Statutes

§ 2.2-4116. Authority to use dispute resolution proceedings.

A. Except as specifically prohibited by law, if the parties to the disputeagree, any public body may use dispute resolution proceedings to narrow orresolve any issue in controversy. Nothing in this chapter shall be construedto prohibit or limit other public body dispute resolution authority. Nothingin this chapter shall create or alter any right, action, cause of action, orbe interpreted or applied in a manner inconsistent with the AdministrativeProcess Act (§ 2.2-4000 et seq.), applicable federal or state law or anyprovision that requires the Commonwealth to obtain or maintain federaldelegation or approval of any regulatory program. Nothing in this chaptershall prevent the use of the Virginia Freedom of Information Act to obtainthe disclosure of information concerning expenses incurred in connection witha dispute resolution proceeding or the amount of money paid by a public bodyor agency to settle a dispute.

B. A decision by a public body to participate in or not to participate in aspecific dispute resolution proceeding shall be within the discretion of thepublic body and is not subject to judicial review. This subsection does notaffect or supersede any law mandating the use of a dispute resolutionproceeding.

C. An agreement arising out of any dispute resolution proceeding shall not bebinding upon a public body unless the agreement is affirmed by the publicbody.

(2002, c. 633.)