W. Va. Code R. § 150-38-31

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-38-31 - Mediation

31.1. The Commission encourages parties to attempt to settle or narrow their disputes. Commission Staff is available to conduct mediations. The Commission will determine whether a matter is appropriate for mediation. Participation in mediation is generally voluntary, but may be required as a condition for expedited treatment.

31.2. Parties may request mediation of a dispute at any time as long as a proceeding is pending before the Commission.

31.3. Parties may request mediation by filing a written request for mediation, or including a mediation request in any pleading in a formal complaint proceeding. Any party requesting mediation must verify that it has attempted to contact all other parties to determine whether they are amenable to mediation, and shall state the response of each party, if any.

31.4. The Commission mediator will schedule the mediation in consultation with the parties. The Commission mediator may request written statements and other information from the parties to assist in the mediation.

31.5. In any proceeding to which no statutory deadline applies, the Commission may, in its discretion, hold a case in abeyance pending mediation.

31.6. The parties and Commission mediator shall keep confidential all written and oral communications prepared or made for purposes of the mediation, including mediation submissions, offers of compromise, and the Commission mediator and party comments made during the course of the mediation (Mediation Communications). Neither the Commission mediator nor the parties may use, disclose or seek to disclose Mediation Communications in any proceeding before the Commission (including an arbitration or a formal complaint proceeding involving the instant dispute) or before any other tribunal, unless compelled to do so by law. Documents and information that are otherwise discoverable do not become Mediation Communications merely because they are disclosed or discussed during the mediation. Unless otherwise directed by the Commission, the existence of the mediation will not be treated as confidential.

31.7. Any party or the Commission mediator may terminate a mediation by notifying other participants of their decision to terminate. The Commission mediator shall promptly confirm in writing that the mediation has ended. The confidentiality rules in Rule 31.6 shall continue to apply to any Mediation Communications. Further, unless otherwise directed, any Commission ruling requiring that the existence of the mediation be treated as confidential will continue to apply after the mediation has ended.

W. Va. Code R. § 150-38-31