8.01-576.5 - Referral of disputes to dispute resolution proceedings. - Virginia Statutes

§ 8.01-576.5. Referral of disputes to dispute resolution proceedings.

While protecting the right to trial by jury, a court, on its own motion or onmotion of one of the parties, may refer any contested civil matter, orselected issues in a civil matter, to an orientation session in order toencourage the early resolution of disputes through the use of procedures thatfacilitate (i) open communication between the parties about the issues in thedispute, (ii) full exploration of the range of options to resolve thedispute, (iii) improvement in the relationship between the parties, and (iv)control by the parties over the outcome of the dispute. The neutral or intakespecialist conducting the orientation session shall provide informationregarding dispute resolution options available to the parties, screen forfactors that would make the case inappropriate for a dispute resolutionproceeding, and assist the parties in determining whether their case issuitable for a dispute resolution process such as mediation. The court shallset a date for the parties to return to court in accordance with its regulardocket and procedure, irrespective of the referral to an orientation session.The parties shall notify the court, in writing, if the dispute is resolvedprior to the return date.

Upon such referral, the parties shall attend one orientation session unlessexcused pursuant to § 8.01-576.6. Further participation in a disputeresolution proceeding shall be by consent of all parties. Attorneys for anyparty may participate in a dispute resolution proceeding.

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