W. Va. Code R. § 102-1-16

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 102-1-16 - Mediation

16.1. Mediation is a process in which a neutral third person assists the parties to reach their own mutually acceptable resolution.

16.2. The Mediator will schedule and conduct any meetings with the parties and will report to the Board of Review the results of the mediation process within a time period set by the Board of Review.

16.3. The proceedings of any meetings, including any statements made by any party, attorney, or other participant, shall, in all respects, be confidential and not reported, recorded, placed in evidence, or otherwise made known. A Mediator shall maintain and preserve the confidentiality of all mediation proceedings. No party shall be bound by anything done or said at the mediation meeting unless a settlement is reached, in which event the agreement shall be reduced to writing and shall be binding upon all parties to that agreement.

16.4. If a settlement is reached, the Mediator may direct counsel to prepare the agreement and circulate it for signature by all parties to the claim. Upon completion of an executed settlement agreement the parties shall notify the Board of Review that the matter has been resolved. If the parties are unable to resolve their dispute at the mediation meeting, the Mediator shall make note that there has been compliance with the requirements of this Rule, but no settlement has been reached.

16.5. Sanctions for failure to participate. Any party to a claim selected for mediation must have full authority to settle without additional consultation. Nothing in this Rule shall be interpreted as to compel a party to agree against his or her interest to any settlement. Failure to participate in the mediation process may be grounds for sanctions for non-compliance including, but not limited to, a decision reversing the protested order, an order dismissing the protest, submission of the protest for final determination upon the existing record, or such other sanctions as may be justified in the discretion of the Board of Review.

W. Va. Code R. § 102-1-16