2006 Code of Virginia § 8.01-576.10 - Confidentiality of dispute resolution proceeding

8.01-576.10. Confidentiality of dispute resolution proceeding.

All memoranda, work products and other materials contained in the case filesof a neutral or dispute resolution program are confidential. Anycommunication made in or in connection with the dispute resolution proceedingwhich relates to the controversy, including screening, intake and schedulinga dispute resolution proceeding, whether made to the neutral or disputeresolution program staff or to a party, or to any other person, isconfidential. However, a written settlement agreement signed by the partiesshall not be confidential, unless the parties otherwise agree in writing.

Confidential materials and communications are not subject to disclosure indiscovery or in any judicial or administrative proceeding except (i) whereall parties to the dispute resolution proceeding agree, in writing, to waivethe confidentiality, (ii) in a subsequent action between the neutral ordispute resolution program and a party to the dispute resolution proceedingfor damages arising out of the dispute resolution proceeding, (iii)statements, memoranda, materials and other tangible evidence, otherwisesubject to discovery, which were not prepared specifically for use in andactually used in the dispute resolution proceeding, (iv) where a threat toinflict bodily injury is made, (v) where communications are intentionallyused to plan, attempt to commit, or commit a crime or conceal an ongoingcrime, (vi) where an ethics complaint is made against the neutral by a partyto the dispute resolution proceeding to the extent necessary for thecomplainant to prove misconduct and the neutral to defend against suchcomplaint, (vii) where communications are sought or offered to prove ordisprove a claim or complaint of misconduct or malpractice filed against aparty's legal representative based on conduct occurring during a mediation,(viii) where communications are sought or offered to prove or disprove any ofthe grounds listed in 8.01-576.12 in a proceeding to vacate a mediatedagreement, or (ix) as provided by law or rule. The use of attorney workproduct in a dispute resolution proceeding shall not result in a waiver ofthe attorney work product privilege.

Notwithstanding the provisions of this section, in any case where the disputeinvolves support of the minor children of the parties, financial information,including information contained in the child support guidelines worksheet,and written reasons for any deviation from the guidelines shall be disclosedto each party and the court for the purpose of computing a basic childsupport amount pursuant to 20-108.2.

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