Alternative Dispute Resolution uses things like mediation and family group decision making to help with legal issues without the parties going to court.

Many issues can be resolved through alternative dispute resolution. Some examples include parenting plans, communication breakdowns within the family, reunification plans, etc.

Alternative dispute resolution can be helpful for many different people. For families, this method is helpful for grandparents caring for grandchildren, relative caregivers, individuals in recovery, and children involved in a legal issue.

The court may need to be informed of a new agreement if it has been involved before the mediation. If the court has not been involved, then the court will only be involved if the parties agree. At the end of each session the parties will have the option to file their agreement in court to make it legally binding. If the issue cannot be resolved by the parties, then they may take the matter to court.

When you take an issue to court, generally a judge will consider the facts that are presented and come to a decision that the parties must follow.

Alternative dispute resolution allows parties to fully discuss their disputes and come to a solution on their own. This way, the parties can find a solution that fits each party’s needs. For example, parties are more likely to stick to a parenting plan that they designed on their own.

Mediation is a conversation between two parties. A neutral third party (a mediator) is present to help structure and guide the conversation. The goal is to reach an agreement that works for both parties. Sometimes an issue will take more than one mediation session to resolve. If an agreement is reached by the parties during a mediation session, the agreement is written down by the mediator and each party signs it. Each party can end the mediation at any time even without an agreement.

Yes, if the agreement is filed with the court. However, both parties should honor the agreement even if it is not filed with the court. If the parties do not follow the mediated agreement, the issue can be taken to court later.

No. The mediator does not represent any party involved in the mediation. The mediator will not represent either party on related issues in the future. The mediator is neutral. The mediator helps the parties have a conversation. The mediator is not there to pass any judgment or offer solutions.

After the mediation process has been fully closed the mediator could represent a party on an unrelated issue. However, this can only happen if both parties sign a waiver.

You may seek advice from a separate lawyer at any time during the mediation process.

Generally, all conversations and papers about a mediation are kept confidential. There are some exceptions to this rule, though. The mediator will explain the exceptions before any communication regarding the mediation takes place.

Some exceptions under West Virginia law include:

• all parties agree to waive confidentiality
• a threat to inflict bodily injury is made
• if a party makes a complaint about the mediator

Generally, no. In most cases, both parties have to voluntarily agree to participate in a mediation. However, mediation is not voluntary if a judge orders parties in a legal case to go to mediation.

You should have a list of issues you want to talk about. You should also have an idea of solutions to those issues. You can also be thinking about ground rules you would like to set for the conversation. Ground rules can include things like not speaking over one another, keeping an open mind, no foul language, no name calling, etc.

Mediation can be a useful tool for parties to find creative ways to resolve legal disputes. However, mediation is not guaranteed to resolve any legal issue.

Family group decision making involves several parties that have an interest in an issue. For example, if there is a child involved the parents, family members, the child’s psychologist, guidance counselor, or teacher may have an interest. By including more parties, this process makes sure that all needs of the child are addressed.

During this process there is a “circle keeper.” The Keeper asks questions to the group and structures the conversation.

Yes, you can find more information about these services on our website.