2006 Code of Virginia § 8.01-576.8 - Qualifications of neutrals; referral

8.01-576.8. Qualifications of neutrals; referral.

A neutral who provides dispute resolution services other than mediationpursuant to this chapter shall provide the court with a written statement ofqualifications, describing the neutral's background and relevant training andexperience in the field. A dispute resolution program may satisfy therequirements of this section on behalf of its neutrals by providing the courtwith a written statement of the background, training, experience, andcertification, as appropriate, of any neutral who participates in itsprogram. A neutral who desires to provide mediation and receive referralsfrom the court shall be certified pursuant to guidelines promulgated by theJudicial Council of Virginia. The court shall maintain a list of mediatorscertified pursuant to guidelines promulgated by the Judicial Council and maymaintain a list of neutrals and dispute resolution programs which have metthe requirements of this section. The list may be divided among the areas ofspecialization or expertise of the neutrals.

At the conclusion of the orientation session, or no later than ten daysthereafter, parties electing to continue with the dispute resolutionproceeding may: (i) continue with the neutral who conducted the orientationsession, (ii) select any neutral or dispute resolution program from the listmaintained by the court to conduct such proceedings, or (iii) pursue anyother alternative for voluntarily resolving the dispute to which the partiesagree. If the parties choose to proceed with the dispute resolutionproceeding but are unable to agree on a neutral or dispute resolution programduring that period, the court shall refer the case to a neutral or disputeresolution program who accepts such referrals, on the list maintained by thecourt on the basis of a fair and equitable rotation, taking into account thesubject matter of the dispute and the expertise of the neutral, asappropriate. If one or more of the parties is indigent or no agreement as topayment is reached between the parties and a neutral, the court shall set areasonable fee for the service of any neutral who accepts such referralpursuant to this paragraph.

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