W. Va. Code R. § 93-1-17
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.
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.
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.
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.
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:
W. Va. Code R. § 93-1-17