West Virginia
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in West Virginia. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in West Virginia can be found in RSI’s Research Library and in Reports below.
State Legislation
- West Virginia Code 6C-2-4: Grievance procedural levels
- West Virginia Code 55-10-1 et seq.: Arbitration
- West Virginia Code 48-9-202: Parenting plans, court-ordered services
Statewide Court ADR Rules and Policies
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
West Virginia Code 55-10-1 et seq.: Arbitration
West Virginia Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This article states that through an agreement made outside of court or by "consent of the parties given in court," a controversy may be submitted to arbitration. The article addresses arbitration awards, arbitrator compensation and umpires. ...
West Virginia Code 48-9-202: Parenting plans, court-ordered services
West Virginia Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This section states that if parents cannot resolve disputes through a parenting plan, the court will require that the parents enter into mediation, if appropriate. Proceedings in mediation will be kept confidential unless there is evidence of domesti...
West Virginia Code 6C-2-4: Grievance procedural levels
West Virginia Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: This section relates to grievance procedures for West Virginian public employees. Level one involves filing a written grievance with the chief administrator and engaging in a conference and hearing or, upon agreement, parties may skip to a level thre...
Rules
West Virginia Family Court Rules 38-46: Mediation
Supreme Court of Appeals of West Virginia. Jul. 1, 2007Resource Type: Rules - Court
Abstract: These rules outline procedures for conducting mediation in the family courts. Each court shall establish a panel of mediators, subject to the approval of the supreme court of appeals. The rules provide requirements for conducting a pre-mediation scre...
West Virginia Trial Court Rule 25: Mediation
Supreme Court of Appeals of West Virginia. Mar. 8, 2004Resource Type: Rules - Court
Abstract: Under this rule, a court may, on its own motion, upon motion of any party, or by stipulation of the parties, refer a case to mediation, though parties may object in a timely manner. The parties may select a mediator, from a pre-approved list or other...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Report on Workers' Compensation Mediation Program of the Supreme Court of Appeals of West Virginia
Hanson, Roger A.. Jan. 1, 2000Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This report describes and evaluates a pilot ADR program for mediating Workers' Compensation claims in West Virginia's Court of Appeals. It concludes that the effort was well received by the Bar, contributed to a high settlement rate and achieved sett...
Commission on The Future of the West Virginia Judicial System Final Report
Commission on The Future of the West Virginia Judicial System. Dec. 1, 1998Resource Type: Report
Abstract: This report was produced by the Commission on The Future of the West Virginia Judicial System, which was appointed by the Supreme Court of Appeals of West Virginia in 1997. During its initial meeting, the Commission identified five Criteria for Excel...