Virginia

Civil Justice Reform Act of 1990

Resource Type: Legislation

Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...

Alternative Dispute Resolution Act of 1998

Resource Type: Legislation

Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...

Code of Virginia 8.01-576.10: Confidentiality of dispute resolution proceeding

Resource Type: Legislation

Abstract: Under this law, "all memoranda, work products, and other materials contained in the case files of a neutral or dispute resolution program are confidential." In addition, it makes confidential any communication made in connection with the dispute reso...

Code of Virginia 8.01-21.2: Mediation

Resource Type: Legislation

Abstract: The Mediation Provisions section of the Code of Virginia is Title 8.01, Chapter 21.2, Section 8.01-581.21 through 581.23. These sections address definitions of key mediation terms; confidentiality and the corresponding exceptions; and civil immunity ...

Code of Virginia 20-124.4: Mediation

Resource Type: Legislation

Abstract: Section 20-124.4 states that in any appropriate case the court shall refer the parents or persons with a legitimate interest to a dispute resolution evaluation session. A history of family abuse should be considered when determining the appropriatene...

Code of Virginia 20-124.2: Court-ordered custody and visitation arrangements

Resource Type: Legislation

Abstract: Section A of this statute authorizes the court to use mediation in cases involving child custody or visitation disputes. When mediation is used, the goals of mediation may include developing a proposed schedule for the child(ren) involved in the disp...

Code of Virginia 8.01-20.1: Summary Jury Trial

Resource Type: Legislation

Abstract: Unless the court determines their intent is to delay a trial, this statute authorizes parties, by written agreement, to elect to have a summary jury trial for any civil action pending before the court. ...

Code of Virginia 8.01-20.2: Court-referred Dispute Resolution Proceedings

Resource Type: Legislation

Abstract: This chapter authorizes the court to refer parties in any civil case to a free orientation session on alternative dispute resolution methods, where they work with a neutral intake specialist to explore their options and determine if ADR is an option ...

Code of Virginia 16.1-278.15: Custody or visitation, child or spousal support generally

Resource Type: Legislation

Abstract: This statute sets requirements for parties to child custody, visitation or support cases to attend a parenting education seminar. When possible, parties must attend the education seminar prior to mediation or other alternative dispute resolution proc...

Code of Virginia 20-103: Court may make orders pending suit for divorce, custody or visitation, etc.

Resource Type: Legislation

Abstract: Parties to divorce, annulment or separate maintenance cases that also involve child custody, visitation or support disputes are required to attend a parenting education seminar. When possible, parties should attend the education seminar prior to medi...

Code of Virginia 25.1-205.1: Mandatory dispute resolution orientation session

Resource Type: Legislation

Abstract: This statute requires the court to refer parties to condemnation cases to dispute resolution orientation. Parties must attend one session, and may continue to participate in dispute resolution upon agreement by all parties. ...

Code of Virginia 25.1-219: Pretrial settlement conference

Resource Type: Legislation

Abstract: The owner or petitioner in a condemnation case may request a pretrial settlement conference. The conference will be held within the 30 days prior to trial, and will be conducted by a neutral third party. Any settlement reached during the conference w...

Code of Virginia 19.2-11.4: Establishment of victim-offender reconciliation program

Resource Type: Legislation

Abstract: This statute authorizes Crime Victim and Witness Assistance Programs to establish victim offender reconciliation programs. In a reconciliation program, victims may meet with offenders in a controlled environment, give the offender an oral or written ...

Virginia Supreme Court Rule 1:19: Pretrial Conferences

Resource Type: Rules - Court

Abstract: This rule allows trial courts to schedule a case for a final pre-trial hearing, where settlement, among other issues, may be discussed. The court may schedule a hearing at its discretion, or parties' counsel may request a hearing. ...

Virginia Guidelines for the Training and Certification of Court-Referred Mediators

Resource Type: Standards - Court

Abstract: Virginia has established requirements for mediators who mediate cases referred by the state courts. There are two types of mediator certifications: general (eligible to mediate all referred cases except those involving family, child & divorce matters...

Virginia Complaint Procedures for Mediators Certified to Receive Court -Referred Cases

Resource Type: Rules - Court

Abstract: These rules provide enforcement procedures for the Standards of Ethics and Professional Responsibility for Certified Mediators and the Guidelines for the Training and Certification of Court-Referred Mediators. A Mediator Complaint Panel, composed of ...

Virginia State Bar Rules of Professional Conduct, Rule 5.5: Unauthorized Practice of Law; Multijurisdictional Practice of Law

Resource Type: Rules - Court

Abstract: This rule states that a 'foreign lawyer,' defined as one who is authorized to practice law in the United States or abroad but is not licensed or authorized to practice in Virginia, may 'provide legal services in potential arbitration, mediation or ot...

Virginia State Bar Rules of Professional Conduct, Rules 2.10-2.11: Third Party Neutrals and Mediators

Resource Type: Rules - Court

Abstract: Rule 2.10 outlines the role of a third party neutral in helping parties reach "a voluntary settlement of a dispute through a structured process known as a dispute resolution proceeding." The rule further outlines the role of a lawyer as third party n...

Virginia Standards of Ethics and Professional Responsibility for Certified Mediators

Resource Type: Standards - Court

Abstract: The Judicial Council of Virginia established these standards to guide the practice of court-referred mediation within the state. The standards address such topics as assessing the appropriateness of mediation, initiating the process, self-determinati...

ADR in the Federal District Courts: An Initial Report

Resource Type: Report

Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...

Report of the Virginia State Crime Commission - Restorative Justice Report

Resource Type: Report

Abstract: This report was produced by the Virginia State Crime Commission and analyzes restorative justice (RJ) practices in Virginia. Restorative justice involves offenders, victims and the community and focuses on repairing harm done by a crime. The most pop...

Virginia Judicial Settlement Conference Program Statistical Update as of July 1, 2010

Resource Type: Statistics

Abstract: These statistics provide information about the Virginia Judicial Settlement Conference Program from 2003 to present. Since 2003, 5,250 cases were referred to the program and 3,885 cases were 'captured and detailed.' Of the 3,885 cases, 22.5 percent w...

An Analysis of Diversity Trainings in United States Community Mediation Centers

Resource Type: Study

Abstract: In 2009, the Dispute Resolution Center in Ann Arbor, Michigan conducted a study in cooperation with the State Court Administrative Office of Michigan to analyze "diversity trainings at community mediation centers across the country" (p.2). The study ...

Virginia Court-Referred ADR Program Statistics through the 2008-09 Fiscal Year

Resource Type: Statistics

Abstract: These statistics "track the progress and growth of ADR (alternative dispute resolution) in Virginia's courts" (p.13), including mediation and judicial settlement conferences. In fiscal year 2008-09, court-related mediation expenditures were $1,860,77...

Divorce Mediation: Research and Reflections

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: This is a follow-up to the Charlottesville Mediation Project Study that looks at the long-term effect of random assignment to mediation on family relationships, psychological adjustment of the parents, and changes to agreements after settlement or ca...

Virginia Child Dependency Mediation Report

Resource Type: Report

Abstract: This report examines the need for the mediation of child dependency cases and outlines the most important issues to keep in mind when designing such a program. These issues include appropriate case types, appropriate issues, the timing of referral to...

Community Mediation Trends and Needs: A Study of Virginia and Ten States

Resource Type: Report

Abstract: This study was undertaken to determine what services community mediation centers around the United States are providing and how they are funded, to identify services provided by Virginia's community mediation centers and to identify funding options f...

Timing is Everything: The Appropriate Timing of Case Referrals to Mediation: A Comparative Study of Two Courts

Resource Type: Report

Resource Type: Mediation Efficacy Study

Abstract: "This study was designed to take a look at two demographically similar counties, James City County and York County, Virginia . . .to determine whether or not there was any empirical evidence to suggest that early intervention mediation resulted in a ...

Virginia Conference Project: A Four-Site Evaluation

Resource Type: Evaluation

Abstract: This article summarizes an evaluation of four projects using Real Justice community conferences for juveniles in justice and education settings between October 1998 and July 1999. A total of 116 cases were referred to the projects. Of these, 45 were ...

Divorce Mediation and Resolution of Child Custody Disputes: Long Term Effects

Resource Type: Study

Abstract: "Separated parents randomly assigned to either mediation or traditional adversarial methods for resolving child custody disputes were surveyed nine years post-settlement. Noncustodial parents assigned to mediation reported more frequent current conta...

Child and Family Coping One Year After Mediated and Litigated Child Custody Disputes

Resource Type: Study

Abstract: This study evaluates the effect on families of the use of mediation or litigation to resolve a child custody dispute. The authors compare parent interviews that were conducted at the time the dispute resolution process took place and one year afterw...

Virginia Court-Connected ADR

Resource Type: Report

Abstract: This overview describes alternative dispute resolution (ADR) services in Virginia, including mediation, restorative justice and judicial settlement conferences. The document outlines the history and goals of ADR and describes mediation services more ...

The Charlottesville Mediation Project: Mediated and Litigated Child Custody Disputes

Resource Type: Study

Resource Type: Mediation Efficacy Study

Abstract: The authors describe the Charlottesville Mediation Project, including its model of co-mediating custody disputes, and summarize the results of their study. They found that the majority of cases settle in mediation, settlements were reached far more q...

Virginia Association for Community Conflict Resolution

Resource Type: Organization

Abstract: The Virginia Association for Community Conflict Resolution is a "network of non-profit conflict resolution centers in Virginia." Executive directors of community mediation centers in the state began meeting informally as the Coalition of Community Me...

Apple Valley Mediation Network, Inc.

Resource Type: Organization

Abstract: The Apple Valley Mediation Network, Inc., is a non-profit community conflict resolution center in Virginia that serves Page, Shenandoah and Warren counties. It provides mediation, arbitration and restorative justice services. Its mediators are certif...

Virginia Division of Dispute Resolution Services

Resource Type: Organization

Abstract: The Division of Dispute Resolution Services maintains a web site that contains standards of ethics for mediators, guidelines regarding the unauthorized practice of law, certification requirements, and a listing of community mediation centers....

Northern Virginia Mediation Service

Resource Type: Organization

Abstract: The Northern Virginia Mediation Service (NVMS) was organized in 1988 and given official non-profit status in 1990. The organization works with courts and communities in civil, family and divorce cases. NVMS also provides workshops and trainings. ...

Virginia Mediation Network

Resource Type: Organization

Abstract: The Virginia Mediation Network is an association of professional mediators in the state. Its mission is to "exchange ideas, enhance mediators' skills, increase public understanding and acceptance of mediation, act as a resource about mediation, and p...

Better Agreements, Inc.

Resource Type: Organization

Abstract: Better Agreements, Inc., is a community conflict resolution center in Virginia serving the New River Valley area. It mediation services for co-parenting, custody and visitation, child support and spousal support cases. It also offers dispute resoluti...

Virginia Judicial Settlement Conference Program

Resource Type: Program

Abstract: The Virginia Judicial Settlement Conference Program began in 2003 and is designed for civil circuit court cases. As of October 2010 the program had received more than 5,000 referrals. This website contains a link to frequently asked questions about t...