8.01-576.12 - Vacating orders and agreements. - Virginia Statutes

§ 8.01-576.12. Vacating orders and agreements.

Upon the filing of an independent action by a party, the court shall vacate amediated agreement reached in a dispute resolution proceeding pursuant tothis chapter, or vacate an order incorporating or resulting from suchagreement, where:

1. The agreement was procured by fraud or duress, or is unconscionable;

2. If property or financial matters in domestic relations cases involvingdivorce, property, support or the welfare of a child are in dispute, theparties failed to provide substantial full disclosure of all relevantproperty and financial information; or

3. There was evident partiality or misconduct by the neutral, prejudicing therights of any party.

For purposes of this section, "misconduct" includes failure of the neutralto inform the parties in writing at the commencement of the mediation processthat: (i) the neutral does not provide legal advice, (ii) any mediatedagreement may affect the legal rights of the parties, (iii) each party to themediation has the opportunity to consult with independent legal counsel atany time and is encouraged to do so, and (iv) each party to the mediationshould have any draft agreement reviewed by independent counsel prior tosigning the agreement.

The fact that any provisions of a mediated agreement were such that theycould not or would not be granted by a court of law or equity is not, in andof itself, grounds for vacating an agreement.

A motion to vacate under this section shall be made within two years afterthe mediated agreement is entered into, except that, if predicated uponfraud, it shall be made within two years after these grounds are discoveredor reasonably should have been discovered.

(1993, c. 905; 2002, c. 718.)