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Civil litigation

mediation

Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.

The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.

In West Virginia (WV), mediation is recognized as an alternative dispute resolution method where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. The process is designed to be confidential and less formal than court proceedings. WV courts often encourage or mandate mediation in civil lawsuits to facilitate settlement before a case goes to trial. While participation in mediation may be required, reaching an agreement is not; parties maintain the right to proceed to trial if they cannot resolve their differences through mediation. Importantly, under WV law, communications during mediation are generally privileged and cannot be disclosed or used as evidence in court should the case proceed to trial. This confidentiality is intended to promote open and honest dialogue between parties during mediation.

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Civil litigation

mediation

Individual & Family Legal Plan

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West-Virginia State Code

West-Virginia State Code

Civil litigation

mediation

Articles