8.01-581.22 - Confidentiality; exceptions.
§ 8.01-581.22. Confidentiality; exceptions.
All memoranda, work products and other materials contained in the case filesof a mediator or mediation program are confidential. Any communication madein or in connection with the mediation, which relates to the controversybeing mediated, including screening, intake, and scheduling a mediation,whether made to the mediator, mediation program staff, to a party, or to anyother person, is confidential. However, a written mediated agreement signedby the parties shall not be confidential, unless the parties otherwise agreein writing.
Confidential materials and communications are not subject to disclosure indiscovery or in any judicial or administrative proceeding except (i) whereall parties to the mediation agree, in writing, to waive the confidentiality,(ii) in a subsequent action between the mediator or mediation program and aparty to the mediation for damages arising out of the mediation, (iii)statements, memoranda, materials and other tangible evidence, otherwisesubject to discovery, which were not prepared specifically for use in andactually used in the mediation, (iv) where a threat to inflict bodily injuryis made, (v) where communications are intentionally used to plan, attempt tocommit, or commit a crime or conceal an ongoing crime, (vi) where an ethicscomplaint is made against the mediator by a party to the mediation to theextent necessary for the complainant to prove misconduct and the mediator todefend against such complaint, (vii) where communications are sought oroffered to prove or disprove a claim or complaint of misconduct ormalpractice filed against a party's legal representative based on conductoccurring during a mediation, (viii) where communications are sought oroffered to prove or disprove any of the grounds listed in § 8.01-581.26 in aproceeding to vacate a mediated agreement, or (ix) as provided by law orrule. The use of attorney work product in a mediation shall not result in awaiver of the 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.
(1988, cc. 623, 857; 2002, c. 718.)