The court further noted that mediation reduces the need for formal adjudication. The court held that, while not required by West Virginia statute, a trial court possessed the authority to order mediation of disputes. Moreover, the West Virginia Supreme Court strongly encouraged the increased use of mediation and suggested that mediation might be successful even when traditional remedies such as contempt proceedings had failed to resolve disputes. The use of mediation in domestic relations matters is not confined to jurisdictions outside Illinois. In Illinois, many judicial circuits provide for mediation of domestic relations matters by local rule, pursuant to their authority to regulate dockets and calendars.
Several circuits allow mediation at the discretion of the trial court.
See, e.g., 16th Judicial Cir. Other circuits have made mediation mandatory and require leave of the court to set a hearing without completing mediation. See, e.g., 11th Judicial Cir. 18th Judicial Cir. The adoption of these rules reflects a growing recognition by the Illinois courts that mediation is a useful method of resolving custody and visitation disputes without subjecting the parties to the expense and hostility inherent in the traditional adversarial process.