W.Va. Trial. Ct. R. 25.02
Mediation is an informal, non-adversarial process whereby a neutral third person, the mediator, assists disputing parties to resolve by agreement or examine some or all of the differences between them. A judge or hearing officer who renders a decision or who makes a recommendation to the decision-maker in the mediated case is not a neutral third person. In mediation, decision-making discretion remains with the parties; the mediator has no authority to render a judgment on any issue of the dispute. The role of the mediator is to encourage and assist the parties to reach their own mutually acceptable resolution by facilitating communication, helping to clarify issues and interests, identifying what additional information should be collected or exchanged, fostering joint problem-solving, exploring resolution alternatives, and other similar means. The procedures for mediation are extremely flexible, and may be tailored to fit the needs of the parties to a particular dispute. Nothing in this rule shall be construed to deprive a court of its inherent authority to control cases before it or to conduct settlement conferences, which are distinguished from mediation.
W.Va. Trial. Ct. R. 25.02