8.01-576.9 - Standards and duties of neutrals; confidentiality; liability. - Virginia Statutes

§ 8.01-576.9. Standards and duties of neutrals; confidentiality; liability.

A neutral selected to conduct a dispute resolution proceeding under thischapter may encourage and assist the parties in reaching a resolution oftheir dispute, but may not compel or coerce the parties into entering into asettlement agreement. A neutral has an obligation to remain impartial andfree from conflict of interests in each case, and to decline to participatefurther in a case should such partiality or conflict arise. Unless expresslyauthorized by the disclosing party, the neutral may not disclose to eitherparty information relating to the subject matter of the dispute resolutionproceeding provided to him in confidence by the other. In reporting on theoutcome of the dispute resolution proceeding to the referring court, theneutral shall indicate whether an agreement was reached, the terms of theagreement if authorized by the parties, the fact that no agreement wasreached, or the fact that the orientation session or mediation did not occur.The neutral shall not disclose information exchanged or observationsregarding the conduct and demeanor of the parties and their counsel duringthe dispute resolution proceeding, unless the parties otherwise agree.

However, where the dispute involves the support of minor children of theparties, the parties shall disclose to each other and to the neutral theinformation to be used in completing the child support guidelines worksheetrequired by § 20-108.2. The guidelines computations and any reasons fordeviation shall be incorporated in any written agreement between the parties.

With respect to liability, when mediation is provided by a mediator who iscertified pursuant to guidelines promulgated by the Judicial Council ofVirginia, then the mediator, mediation program for which the certifiedmediator is providing services, and a mediator co-mediating with a certifiedmediator shall be immune from civil liability for, or resulting from, any actor omission done or made while engaged in efforts to assist or conduct amediation, unless the act or omission was made or done in bad faith, withmalicious intent or in a manner exhibiting a willful, wanton disregard of therights, safety or property of another. This language is not intended toabrogate any other immunity that may be applicable to a mediator.

(1993, c. 905; 1994, c. 687; 2002, c. 718.)