Mediation and Parent Education Seminars in Virginia

The orientation referral

Va. Code § 20-124.2(A) says mediation shall be used as an alternative to litigation where appropriate. Under § 20-124.4(A), in any appropriate case the court shall refer the parents or persons with a legitimate interest to a dispute resolution orientation session conducted by a mediator certified under Judicial Council guidelines, at no cost. In assessing whether a referral is appropriate, the court shall ascertain, upon motion of a party, whether there is a history of family abuse.

The orientation session explains the process, screens for factors that would make the case inappropriate for mediation, and helps the parties decide whether to go forward (§§ 8.01-576.4 and 8.01-576.5). The court still sets a return date in the case, and the parties must tell the court in writing if they resolve the dispute before then (§ 8.01-576.5). The J&DR District Court Manual says the referral is made on Form DC-604, Order of Referral and Mediator Appointment.

What is required and what is voluntary

• The orientation. After a referral, the parties shall attend one orientation session unless excused (§ 8.01-576.5).
• Opting out. The court shall excuse the parties from the orientation if, within 14 days after the referral order is entered, a party files a signed written statement that the process has been explained to them and they object to the referral (§ 8.01-576.6).
• Mediation itself. Further participation beyond the orientation is by consent of all parties, and attorneys may take part (§ 8.01-576.5). A mediator may encourage a resolution but may not compel or coerce a settlement (§ 8.01-576.9).
• No agreement. If agreement is not reached on an issue before the return date, the court proceeds with a hearing on the unresolved issues unless it grants a continuance (§ 20-124.4(A)).

Confidentiality

Communications made in or in connection with a court-referred dispute resolution proceeding, including screening and intake, are confidential, as are the mediator’s files (§ 8.01-576.10). A written settlement agreement signed by the parties is not confidential unless they agree otherwise in writing, and the statute lists exceptions, such as threats to inflict bodily injury and communications used to plan or commit a crime. In reporting to the court, the mediator states whether an agreement was reached and its terms if the parties authorize it (§ 8.01-576.9).

If support is part of the mediation, the parties must disclose the information for the guidelines worksheet, and any written agreement must include the guideline computation and the reasons for any deviation (§ 8.01-576.9).

The parent education seminar

In the J&DR court, the parties to any petition in which a child’s custody, visitation, or support is contested must show proof that they attended an approved educational seminar within the 12 months before their court appearance, or that they will attend within 45 days after it (§ 16.1-278.15(A)). Section 20-103(A) has the same requirement in circuit court. Under both:

• The program is conducted by a person or organization approved by the Office of the Executive Secretary of the Supreme Court of Virginia and is at least four hours long, covering the effects of separation or divorce on children, parenting responsibilities, conflict resolution, and financial responsibilities.
• The fee is based on ability to pay and cannot exceed $50.
• The court may require attendance in uncontested cases only if it finds good cause, and may exempt a party for good cause or if no program is reasonably available.
• Once a party has completed one program, further programs are at the court’s discretion.
• Whenever possible, each party shall have attended before taking part in mediation or other alternative dispute resolution about custody, visitation, or support.
• Apart from statements admitting criminal activity or child abuse or neglect, nothing a party says in the program is admissible in a later proceeding (§ 16.1-278.15(A)).

The judiciary’s parent education page links to its lists of approved seminar providers for J&DR courts and for circuit courts.

Primary sources

Laws, rules and forms change. Check the current version at the source before you file.

• Va. Code § 20-124.4, mediation
• Va. Code § 20-124.2, court-ordered custody and visitation
• Va. Code § 8.01-576.4, scope and definitions
• Va. Code § 8.01-576.5, referral to orientation session
• Va. Code § 8.01-576.6, notice and opportunity to object
• Va. Code § 8.01-576.9, standards and duties of neutrals
• Va. Code § 8.01-576.10, confidentiality
• Va. Code § 16.1-278.15, parent education in J&DR cases
• Va. Code § 20-103, parent education in circuit court
• J&DR District Court Manual, Chapter 6 (mediation referral)
• Supreme Court of Virginia, parent education