SB919: Dispute resolution orientation session; parties in cases involving custody, etc. must attend.
Be it enacted by the General Assembly of Virginia:
1. That § 20-124.4 of the Code of Virginia is amended and reenacted as follows:
§ 20-124.4. Mediation.
In any appropriate case the court shall refer the parents or
persons with a legitimate interest to a dispute resolution evaluation orientation
session to be conducted by a mediator certified pursuant to guidelines
promulgated by the Judicial Council at no cost and in accordance with the
procedures set out in Chapter 20.2 (§ 8.01-576.4 et seq.) of Title 8.01. In
assessing the appropriateness of a referral, the court shall ascertain upon
motion of a party whether there is a history of family abuse. In
all cases in which custody, visitation, or child support is initially contested,
except those with a history of family abuse, the court shall refer the
parties to and the parties shall
attend the dispute resolution orientation session.
If an agreement is not reached on any issue through further mediation as agreed
to by the parties, prior to the return date set by the court pursuant to §
8.01-576.5, the court shall proceed with a hearing on any unresolved issue,
unless a continuance has been granted by the court. The fee of a mediator
appointed in any custody, support or visitation case shall be $100 per
appointment and shall be paid by the Commonwealth from the funds appropriated
for payment of appointments made pursuant to subsection B of § 16.1-267.