West Virginia Code of State Rules › Agency 93 - Workers' Compensation Office Of Judges › Title 93 - PROCEDURAL RULE WORKERS' COMPENSATION OFFICE OF JUDGES › Series 93-01 - Litigation Of Protests › Section 93-1-17 - Mediation

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. General
The Office of Judges, upon
				  its own motion or upon request of any party, may refer a claim, or any issue
				  therein, to mediation.
Assignment of a protest or case to mediation does not toll or
				  delay the adjudication process. At the conclusion of the litigation process a
				  decision will be issued based on the evidence of record with no consideration
				  given to the mediated negotiations.
17.2. Mediator.
The parties may agree to
				  their own choice of mediators and will be responsible for compensation of that
				  mediator. Unless selected by agreement of the parties, the Office of Judges
				  shall assign a mediator to conduct the mediation. The Office of Judges shall
				  maintain a list of interested and qualified mediators as identified by the
				  State Bar. Whenever possible, the Office of Judges will select a mediator who
				  is willing to serve without compensation. If a volunteer mediator is not
				  available, then the Office of Judges shall inquire of the parties whether they
				  are willing to pay the fees of a mediator. If so, then either the parties by
				  stipulation or the Office of Judges shall select the mediator and the parties
				  by written agreement shall determine how the mediator will be
				  compensated.
17.3.
				Conduct
The mediator will schedule and conduct any meetings with the
				  parties and will report to the Office of Judges the results of the mediation
				  process within a time period set by the Office of Judges.
The proceedings of any meetings, including any statements
				  made by any party, attorney, or other participant, shall, in all respects, be
				  confidential and not reported, recorded, placed in evidence, or otherwise made
				  known to the adjudicator assigned the case for decision. A mediator shall
				  maintain and preserve the confidentiality of all mediation proceedings. No
				  party shall be bound by anything done or said at the mediation meeting unless a
				  settlement is reached, in which event the agreement shall be reduced to writing
				  and shall be binding upon all parties to that agreement.
17.4. Outcome
If a settlement is
				  reached, the mediator may direct counsel to prepare the agreement and circulate
				  it for signature by all parties to the claim. Upon completion of an executed
				  settlement agreement the parties shall notify the Office of Judges that the
				  matter has been resolved.
If the parties are unable to resolve their dispute at the
				  mediation meeting, the mediator shall make note that there has been compliance
				  with the requirements of this rule, but no settlement has been reached.
17.5. Sanctions for Failure to
				Participate
Any party to a claim selected for mediation must have full
				  authority to settle without additional consultation. Nothing in this rule shall
				  be interpreted as to compel a party to agree against his or her interest to any
				  settlement.
Failure to participate in the mediation process may be
				  grounds for sanctions for non-compliance including, but not limited to:
A. A decision reversing the protested
				order;
B. An order dismissing the
				protest;
C. Submission of the
				protest for final determination upon the existing record; or
D. Such other sanctions as may be justified
				in the discretion of the Office of Judges.