Should You Sign an Agreement to Mediate a Divorce in Virginia?

Are you and your spouse preparing for a divorce? Mediation can be an effective tool to resolve your divorce in a collaborative, low conflict manner. You may be wondering: Do you need to sign an agreement to initiate divorce mediation?  The short answer is that it is not required by statute in the Commonwealth, but the vast majority of couples have a written agreement that sets up the structure of the mediation process. Here, our Virginia divorce mediator highlights the key things to know about the agreement to mediate in a family law case.

Virginia Law Does Not Require an Agreement to Mediate, but Mediators Generally Do

Most divorcing couples who enter the mediation process have an agreement to mediate. A written agreement to mediate is generally enforceable as a contract under Virginia Uniform Mediation Act. As a general rule, this type of agreement will define scope, process, confidentiality, and payment. To be clear, it does not decide the divorce. Instead, the agreement to mediate sets the rules for the negotiations and the process. In most cases, it will include clear language that states that communications made in mediation are privileged and (typically) inadmissible in court.

Note: You are not required by statute to sign an agreement to mediate to use the mediation process for a divorce in Virginia. Still, in practice, you cannot meaningfully begin mediation without one because the mediator will not proceed without defined terms.

An Agreement to Mediate a Divorce Does Not Have to Be Complicated

That you should have a written agreement to start the divorce mediation process in Virginia should not be viewed as a big obstacle that needs to be overcome. Quite the contrary, an agreement to mediate a divorce in Virginia is almost always straightforward. Divorce mediators tend to use a short, standardized document that outlines logistics rather than legal outcomes. These agreements cover confidentiality, fees, scheduling, and the neutral role of the mediator under the Virginia Uniform Mediation Act. It does not require you to waive rights or commit to any specific settlement. You are not locking yourself into terms of custody, support, or property division within the agreement to enter mediation. The purpose is simply to create a structured, fair process.

When to Sign an Agreement to Mediate a Divorce in Virginia

Signing an agreement to mediate can be appropriate when both parties commit to good-faith participation and exchange core financial information early. Insist on clear provisions covering confidentiality, mediator neutrality, and termination rights. Most often you will include a clause stating that no settlement binds either party until reduced to a signed written agreement.

Get Help From a Virginia Divorce Mediator Today

At Escobar Arbitration & Mediation, we provide neutral, professional mediation services in family law and divorce cases in Virginia. An agreement to mediate is often signed before sessions start. If you have any questions about the divorce mediation process, please do not hesitate to contact us today for a confidential consultation. We handle divorce mediation throughout Northern Virginia.

Source:

law.lis.virginia.gov/vacodefull/title8.01/chapter21.2/