Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 21.2. Mediation
Virginia Code

Va. Code Ann. § 8.01-581.22 (2026)

Confidentiality; exceptions

✓ current as of May 2026
Find cases: SyfertCases citing this section VA-LISlaw.lis.virginia.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

All memoranda, work products and other materials contained in the case files of a mediator or mediation program are confidential. Any communication made in or in connection with the mediation, which relates to the controversy being mediated, including screening, intake, and scheduling a mediation, whether made to the mediator, mediation program staff, to a party, or to any other person, is confidential. However, a written mediated agreement signed by the parties shall not be confidential, unless the parties otherwise agree in writing.

Confidential materials and communications are not subject to disclosure in discovery or in any judicial or administrative proceeding except (i) where all parties to the mediation agree, in writing, to waive the confidentiality, (ii) in a subsequent action between the mediator or mediation program and a party to the mediation for damages arising out of the mediation, (iii) statements, memoranda, materials and other tangible evidence, otherwise subject to discovery, which were not prepared specifically for use in and actually used in the mediation, (iv) where a threat to inflict bodily injury is made, (v) where communications are intentionally used to plan, attempt to commit, or commit a crime or conceal an ongoing crime, (vi) where an ethics complaint is made against the mediator by a party to the mediation to the extent necessary for the complainant to prove misconduct and the mediator to defend against such complaint, (vii) where communications are sought or offered to prove or disprove a claim or complaint of misconduct or malpractice filed against a party's legal representative based on conduct occurring during a mediation, (viii) where communications are sought or offered to prove or disprove any of the grounds listed in § 8.01-581.26 in a proceeding to vacate a mediated agreement, or (ix) as provided by law or rule. The use of attorney work product in a mediation shall not result in a waiver of the attorney work product privilege.

1988, cc. 623, 857; 2002, c. 718; 2013, cc. 283, 383.

Notes of Decisions
Cited in 4 cases, 1999–2020 · leading case: Perreault v. the Free Lance-Star, 666 S.E.2d 352 (Va. 2008).
Sort: Relevance Newest Treatment
Perreault v. the Free Lance-Star, 666 S.E.2d 352 (Va. 2008). · cites it 24× “1-208 notwithstanding the provisions of Code § 8.01-581.22, which govern the confidentiality of mediation proceedings.”
Anderson v. Anderson, 514 S.E.2d 369 (Va. Ct. App. 1999). · cites it 12× “Arnold Stolberg under the confidentiality provisions of Code § 8.01-581.22; 2) failing to grant him joint legal custody of the parties’ child, Elyse; 3) denying his request for additional *678 holiday visitation; 4) classifying two IRA funds as marital property; 5) failing to…”
W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP (W.D. Va. 2020). · cites it 6× “During discovery, namely during depositions and in response to interrogatories, English asserted that what took place during this mediation process was privileged pursuant to Va. Code § 8.01-581.22, and that it is VDOT’s privilege to waive.”
Kwang Li (Jo) Chan v. Commonwealth, 92 Va. Cir. 122 (Augusta Cir. Ct. 2015). · cites it 8× “In order to pursue her Petition, Chan must “divulge to the Court the amount and terms of the settlement_” Petition,¶3 Relying on Va. Code Ann. § 8.01-581.22 , the Confidentiality Statute, Chan asserts that the mediated agreement should be kept confidential (hence, under seal)…”
— Va. Code Ann. § 8.01-581.22(ix) — 1 case
Perreault v. the Free Lance-Star, 666 S.E.2d 352 (Va. 2008). “1-208 notwithstanding the provisions of Code § 8.01-581.22, which govern the confidentiality of mediation proceedings.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.