Current through December 29, 2025 · Last verified July 8, 2026
In one sentenceRule 43 governs how mediation is conducted — nobody can be forced to agree, what the mediator must do before and after, and the confidentiality that keeps negotiations away from the judge.
(a)General provisions. — All parties shall be prepared to negotiate. Counsel may attend mediation. No party shall be compelled to consent to a mediated agreement.
(b)Procedure prior to the commencement of mediation. — If a party arrives at the first mediation session without having read the mediation process document, or having had it read to them, the mediator shall read the document to that party and require the party to sign an acknowledgment to that effect. Prior to the commencement of mediation the mediator shall inform the parties the mediator may report suspected child abuse or neglect as provided by W. Va. Code, § 4-6A-2.
(c)Procedure upon conclusion of mediation. — If a mediated agreement is reached, the mediator shall inform the parties that the agreement has no binding legal effect until it is adopted by court order, and that either party may withdraw from the agreement prior to the court's adoption of the agreement. Within five days of the conclusion of mediation, the mediator shall reduce any mediated agreement to writing on the required form; prepare a Mediation Outcome Report on the required form; file the agreement with the circuit clerk; send copies of the agreement to the parties; and send a copy of the report to the court.
(d)Confidentiality. — All mediation proceedings, including premediation screening, are confidential settlement negotiations subject to Rule 25.12 of the Trial Court Rules. All persons involved in premediation screening and mediation shall preserve the confidentiality of negotiations, of all written materials utilized in the processes, of all information obtained in the processes, and of all agreements; and with the exception of the abbreviated premediation screening report, the Mediation Outcome Report, and any mediated agreement, shall keep such matters confidential from the court. No premediation screener or mediator may be subpoenaed, called to testify, or otherwise be subject to process requiring disclosure of confidential information in any proceeding relating to or arising out of the dispute mediated.
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 parties must be prepared to negotiate, counsel may attend, and the central protection is stated flatly: no party shall be compelled to consent to a mediated agreement.
Two things happen before mediation begins. A party who arrives at the first session without having read the mediation process document has it read to them by the mediator and signs an acknowledgment. And the mediator must tell the parties that they may report suspected child abuse or neglect.
At the end, the mediator must tell the parties that any agreement has no binding legal effect until adopted by court order, and that either of them may withdraw before that happens. Within five days of concluding, the mediator reduces any agreement to writing on the required form, prepares a Mediation Outcome Report on the required form, files the agreement with the circuit clerk, sends copies to the parties, and sends the report to the court.
Confidentiality is broad. All mediation proceedings, premediation screening included, are confidential settlement negotiations under the Trial Court Rules. Everyone involved must preserve the confidentiality of the negotiations, the written materials, the information obtained and the agreements — and must keep all of it from the court, except the abbreviated screening report, the Mediation Outcome Report and any mediated agreement. No screener or mediator may be subpoenaed, called to testify, or subjected to process requiring disclosure of confidential information in any proceeding relating to or arising out of the dispute mediated.
Frequently Asked Questions
Can a party be forced to settle in mediation?
No. The rule states that no party shall be compelled to consent to a mediated agreement.
Is a mediated agreement binding when signed?
No. The mediator must inform the parties that the agreement has no binding legal effect until adopted by court order, and that either party may withdraw before that.
What must the mediator file, and when?
Within five days of the conclusion of mediation: the written agreement on the required form filed with the circuit clerk, copies to the parties, a Mediation Outcome Report on the required form, and a copy of that report to the court.
What does the judge learn about the mediation?
Only the abbreviated premediation screening report, the Mediation Outcome Report, and any mediated agreement. Everything else must be kept confidential from the court.
Can a mediator be called as a witness?
No. No premediation screener or mediator may be subpoenaed, called to testify, or otherwise subjected to process requiring disclosure of confidential information in any proceeding relating to or arising out of the dispute mediated.
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. 43). 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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