Rule 45.Prohibition of dual relationships in mediation and parent education

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

In one sentenceRule 45 bars one person from filling two roles in the same case, and lets an organization provide two services only behind an approved information barrier.

Full Text of Rule 45

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No individual may serve in the same case in more than one of the following roles: parent educator, attorney, guardian ad litem, screener, mediator, custody investigator. An organization may provide more than one of these services in the same case if the services are provided by different individuals, the organization has established written procedures to prohibit the exchange of information between such individuals, and the court approves of these procedures; however, no organization may provide more than one of these services in the same case if the arrangement violates the code of ethics, conduct, or professional responsibility of the organization or the individuals providing the services.

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

Six roles are listed — parent educator, attorney, guardian ad litem, screener, mediator, custody investigator — and no individual may serve in more than one of them in the same case. The neutral who screened the parties cannot later mediate; the mediator cannot become the custody investigator.

An organization is treated differently from an individual. It may provide more than one of these services in the same case, but only on three conditions together: the services are provided by different individuals; the organization has established written procedures prohibiting the exchange of information between them; and the court approves those procedures.

Even then there is a backstop. No organization may provide more than one of these services in the same case if the arrangement violates the code of ethics, conduct or professional responsibility of the organization or of the individuals providing the services.

Frequently Asked Questions

Which roles cannot be combined?

Parent educator, attorney, guardian ad litem, screener, mediator and custody investigator — no individual may serve in more than one of them in the same case.

Can one organization provide two of these services?

Yes, if different individuals provide them, the organization has written procedures prohibiting the exchange of information between those individuals, and the court approves those procedures.

Is court approval of the screen required?

Yes. The court must approve the organization's written procedures.

Is there any further limit on organizations?

Yes. No organization may provide more than one of these services in the same case if the arrangement violates the code of ethics, conduct, or professional responsibility of the organization or the individuals providing the services.

Can the screener also mediate?

No. Screener and mediator are two of the six listed roles, and no individual may hold more than one in the same case.

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. 45). 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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