8.01-581.26 - Vacating orders and agreements. - Virginia Statutes

§ 8.01-581.26. Vacating orders and agreements.

Upon the filing of an independent action by a party, the court shall vacate amediated agreement reached in a mediation pursuant to this chapter, or vacatean 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 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 mediator, prejudicingthe rights of any party.

For purposes of this section, "misconduct" includes failure of the mediatorto inform the parties at the commencement of the mediation process that: (i)the mediator does not provide legal advice, (ii) any mediated agreement mayaffect the legal rights of the parties, (iii) each party to the mediation hasthe opportunity to consult with independent legal counsel at any time and isencouraged to do so, and (iv) each party to the mediation should have anydraft agreement reviewed by independent counsel prior to signing theagreement.

(2002, c. 718.)