Rule 25.07 - Mediator Disqualification A mediator shall be disqualified in a mediation in which the mediator's impartiality might reasonably be questioned, including but not limited to instances where:
(a) the mediator has a personal bias or prejudice concerning a party or a party's lawyer, or personal knowledge of disputed evidentiary facts relating to the mediation; (b) the mediator served as a lawyer in the matter in controversy, or a lawyer with whom the mediator previously practiced law served during association as a lawyer in the matter, or the mediator has been a material witness concerning the matter; (c) the mediator knows that, individually or as a fiduciary, or the mediator's spouse, parent or child wherever residing, or any other member of the mediator's family residing in the mediator's household, has an economic interest in the subject matter in controversy or is a party to the matter or has any other more than de minimis interest that could be substantially affected by the proceeding; (d) the mediator or the mediator's spouse, or a person within the third degree of relationship to either of them, or the spouse of such person: (i) is a party to the matter, or an officer, director or trustee, of a party; (ii) is acting as a lawyer in the proceeding; (iii) is known by the mediator to have more than de minimis interest that could be substantially affected by the matter; (iv) is to the mediator's knowledge likely to be a material witness in the matter. A mediator shall keep informed about their own personal and fiduciary economic interests, and make a reasonable effort to keep informed about the personal economic interests of the mediator's spouse and minor children.
Any party may move the court to disqualify a mediator for good cause. In the event a mediator is disqualified, the parties or the court shall select a replacement in accordance with TCR 25.05 and 25.06.
W.Va. Trial. Ct. R. 25.07
Amended by order effective 3/8/2004.