2006 Code of Virginia § 8.01-576.4 - Scope and definitions

8.01-576.4. Scope and definitions.

The provisions of this chapter apply only to court-referred disputeresolution services.

As used in this chapter:

"Conciliation" means a process in which a neutral facilitates settlement byclarifying issues and serving as an intermediary for negotiations in a mannerwhich is generally more informal and less structured than mediation.

"Court" means any juvenile and domestic relations district court, generaldistrict court, circuit court, or appellate court, and includes the judgesand any intake specialist to whom the judge has delegated specific authorityunder this chapter.

"Dispute resolution proceeding" means any structured process in which aneutral assists disputants in reaching a voluntary settlement by means ofdispute resolution techniques such as mediation, conciliation, early neutralevaluation, nonjudicial settlement conferences or any other proceedingleading to a voluntary settlement conducted consistent with the requirementsof this chapter. The term includes the orientation session.

"Dispute resolution program" means a program that offers dispute resolutionservices to the public, which is run by the Commonwealth or any privatefor-profit or not-for-profit organization, political subdivision, or publiccorporation, or a combination of these.

"Dispute resolution services" includes screening and intake of disputants,conducting dispute resolution proceedings, drafting agreements and providinginformation or referral services.

"Intake specialist" means an individual who is trained in analyzing andscreening cases to assist in determining whether a case is appropriate forreferral to a dispute resolution proceeding.

"Mediation" means a process in which a neutral facilitates communicationbetween the parties and, without deciding the issues or imposing a solutionon the parties, enables them to understand and to reach a mutually agreeableresolution to their dispute.

"Neutral" means an individual who is trained or experienced in conductingdispute resolution proceedings and in providing dispute resolution services.

"Orientation session" means a preliminary meeting during which the disputeresolution proceeding is explained to the parties and the parties and theneutral assess the case and decide whether to continue with a disputeresolution proceeding or adjudication.

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