One of the growing trends in courts, both circuit court in civil cases and family court, is for judges to order the parties to participate in mediation. In fact, it is a standard practice for West Virginia Family Courts to require litigants to mediate non-financial custody/visitation/parenting plan issues in new cases and to require them in many cases to attend mediation even before filing modification motions on those issues. Although family courts rarely order mediation on other issues, domestic relations litigants can choose to mediate such issues as equitable division, alimony/spousal support, and enforcement of property settlement provisions. Local federal and state courts also routinely require litigants in civil cases to mediate their disputes before trial. Settlement may not necessarily happen during mediation, but roughly 95% of civil cases settle before going to trial, and settlement of all or part of the issues is not at all uncommon in family court cases.

Our office offers mediation services in both domestic relations and general civil cases. Ms. Carroll has completed training in basic civil mediation as well as an extensive training seminar in the sub-area of domestic relations mediation. We are particularly well equipped to accommodate mediation sessions. Our office has two conference rooms, both with internet access, and a comfortable waiting room. We provide a welcoming and relaxing atmosphere conducive to mediation.

Where both parties are interested in securing our mediation services, one or both of the parties (or their attorneys if they are represented) contact our office and provide the names of the people involved in the matter for potential conflict of interest screening purposes, information regarding the type of case, and a brief description of the issues to be mediated. If the case is one in which we can offer mediation services, we will then give the caller information about our fees, the deposit requirements, and discuss how mediation will be scheduled and what, if any, additional information is to be provided to our office prior to the mediation. Our office typically sends the participants a letter confirming that we have been retained to mediate and any other pertinent details.

For further information about mediation, visit our Articles page.