Rule 42.Procedure for mediator disqualification

Current through December 29, 2025 · Last verified July 8, 2026

In one sentenceRule 42 applies the judicial disqualification canon to mediators and gives a party ten days to a ruling on a motion to disqualify one.

Full Text of Rule 42

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All mediators shall be subject to Canon 3 of the Code of Judicial Conduct regarding disqualification. Any party may file a written motion to disqualify a mediator for good cause. The court shall rule on the motion within ten days of the date the motion was filed. If the motion is granted, the court shall enter an order within five days which assigns another mediator.

End

Amendment History

[Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.]

Plain-English Summary

All mediators are subject to Canon 3 of the Code of Judicial Conduct on disqualification — the same standard that governs when a judge must step aside.

Any party may file a written motion to disqualify a mediator for good cause. The court must rule within ten days of the date the motion was filed, so a disqualification dispute cannot stall the mediation timetable in Rule 40.

If the motion is granted, the court enters an order within five days assigning another mediator. The case moves to a new mediator rather than out of mediation.

Frequently Asked Questions

What standard governs mediator disqualification?

Canon 3 of the Code of Judicial Conduct, the same disqualification standard that applies to judges.

How does a party seek disqualification?

By written motion, for good cause.

How quickly must the court rule?

Within ten days of the date the motion was filed.

What happens if the motion succeeds?

The court enters an order within five days assigning another mediator.

Does disqualification end the mediation?

No — a replacement mediator is assigned.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 42). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

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