§ 8.01-576.8.Qualifications of neutrals; referral.

Chapter 20.2. Court-referred Dispute Resolution Proceedings · Last amended 2002 · Last verified July 16, 2026

In one sentenceBefore a neutral can take court referrals, they or their program must show the court a statement of qualifications, mediators specifically must hold Judicial Council certification, and if the parties cannot agree on a neutral within ten days of orientation, the court assigns one from its list on a fair rotation.

Full Text of § 8.01-576.8

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A neutral who provides dispute resolution services other than mediation pursuant to this chapter shall provide the court with a written statement of qualifications, describing the neutral's background and relevant training and experience in the field. A dispute resolution program may satisfy the requirements of this section on behalf of its neutrals by providing the court with a written statement of the background, training, experience, and certification, as appropriate, of any neutral who participates in its program. A neutral who desires to provide mediation and receive referrals from the court shall be certified pursuant to guidelines promulgated by the Judicial Council of Virginia. The court shall maintain a list of mediators certified pursuant to guidelines promulgated by the Judicial Council and may maintain a list of neutrals and dispute resolution programs which have met the requirements of this section. The list may be divided among the areas of specialization or expertise of the neutrals.

At the conclusion of the orientation session, or no later than ten days thereafter, parties electing to continue with the dispute resolution proceeding may: (i) continue with the neutral who conducted the orientation session, (ii) select any neutral or dispute resolution program from the list maintained by the court to conduct such proceedings, or (iii) pursue any other alternative for voluntarily resolving the dispute to which the parties agree. If the parties choose to proceed with the dispute resolution proceeding but are unable to agree on a neutral or dispute resolution program during that period, the court shall refer the case to a neutral or dispute resolution program who accepts such referrals, on the list maintained by the court on the basis of a fair and equitable rotation, taking into account the subject matter of the dispute and the expertise of the neutral, as appropriate. If one or more of the parties is indigent or no agreement as to payment is reached between the parties and a neutral, the court shall set a reasonable fee for the service of any neutral who accepts such referral pursuant to this paragraph.

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Plain-English Summary

This section is the gatekeeping mechanism behind the referral system: it decides who is trustworthy enough to receive a case from a Virginia court. Anyone offering dispute resolution services other than mediation has to hand the court a written account of their background, training, and experience. A dispute resolution program can vouch for its own roster of neutrals the same way, filing one statement that covers everyone on staff.

Mediation gets a stricter rule. A neutral who wants court referrals for mediation specifically must be certified under guidelines the Judicial Council of Virginia sets. The court keeps a running list of certified mediators, and it may also maintain a broader list of other qualified neutrals and programs, organized by area of expertise.

Once the orientation session ends, the parties have up to ten days to pick their path: stay with the neutral who ran orientation, choose anyone from the court’s list, or agree on some other resolution method entirely. If ten days pass without agreement, the court steps in and assigns a neutral from its list, rotating on a fair basis among qualified providers and weighing the subject matter against each neutral’s expertise. When a party is indigent, or no fee agreement is reached, the court also sets a reasonable fee for that court-assigned neutral.

Frequently Asked Questions

Do all neutrals need the same qualifications?

No. A neutral providing mediation must be certified under guidelines the Judicial Council of Virginia has promulgated, while a neutral providing other dispute resolution services must instead give the court a written statement of background, training, and experience.

How long do parties have to choose a neutral after the orientation session?

Parties electing to continue have until the conclusion of the orientation session, or no later than ten days after it, to choose how to proceed.

What happens if the parties cannot agree on a neutral within that window?

The court refers the case to a neutral or dispute resolution program from its list, chosen on a fair and equitable rotation that accounts for the subject matter of the dispute and the neutral’s expertise.

What options do parties have for continuing after orientation?

They may continue with the neutral who ran the orientation session, select any neutral or program from the court’s list, or pursue any other alternative for resolving the dispute that they agree to.

What happens if a party cannot afford the neutral’s fee?

If a party is indigent, or the parties and neutral cannot agree on payment, the court sets a reasonable fee for the neutral who accepts a court referral under this section.

Amendment History

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

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source

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