Frequently Asked Questions About Family Law Mediation In West Virginia

On this page, you’ll find answers to questions you may have as you consider utilizing mediation for your divorce or child custody matter. After reading, please contact Lyne Ranson Law Offices, PLLC, with any additional questions you may have.

How does mediation differ from traditional divorce proceedings?

Mediation is an alternative to traditional divorce proceedings,

using a more collaborative approach with you and your spouse or other parent. Unlike a court trial where a judge makes the final decisions, mediation involves both parties working with a neutral third party, known as a mediator, to reach a mutual agreement. This process is typically less formal and more flexible, allowing you and your spouse to communicate directly and work toward solutions that best suit your family’s unique needs.

What are the benefits of choosing mediation for my divorce?

• It generally costs less than a traditional divorce, as it often requires fewer hours of legal assistance and reduces court fees. You do not need an attorney to mediate.
• It is faster, enabling you to resolve issues and move forward with your life more quickly.
• Importantly, mediation promotes a cooperative atmosphere, which can be particularly beneficial if you have children and need to maintain a positive co-parenting relationship.
• Finally, it gives you more control over the outcome, as you and your spouse work together to make decisions rather than leaving them to a judge.

How long does the mediation process take?

Each case and its issues are unique. The factors that will impact the length of proceedings include:

• How motivated and willing both spouses are to reach an agreement
• How many divorce or custody terms are in dispute
• The complexity of the issues to be resolved (such as high-asset property division compared to a divorce involving more modest assets)
• The quality of counsel provided by each spouse’s attorney

While there is no standard resolution length, mediation is typically much faster than going through the court system. Many cases can be resolved in a few sessions over the course of weeks or months. The flexibility of mediation allows you to set a pace that suits your schedule, making it a more convenient option for busy families.

Who chooses the mediator, and what qualifications should they have?

In West Virginia, the mediator is chosen by mutual agreement between the parties involved in the dispute. If the mediation is court-ordered, the court may provide a list of approved mediators, or the judge may appoint one directly. Parties can also select a mediator from the West Virginia State Bar’s list of certified mediators or private mediation services.

A qualified mediator should have experience in specific areas of dispute, such as family law, real estate, business conflicts or employment disputes. In West Virginia, mediators do not always need to be attorneys, but they should have formal mediation training and be certified through an accredited program.

Many mediators hold credentials from the West Virginia Supreme Court of Appeals’ dispute resolution program or national organizations like the Association for Conflict Resolution. When selecting a mediator, consider their experience, training, neutrality and track record in resolving similar disputes.

Can we use the same mediator if other disputes arise in the future?

Yes, if all parties agree, the same mediator can be used for future disputes. Using the same mediator can be beneficial because they are already familiar with the history of the parties and the dynamics of their relationship, which can streamline the mediation process.

However, the mediator must remain impartial and cannot carry over confidential information from past mediations unless all parties consent. If there is a conflict of interest, it may be best to select a different mediator.

Is everything discussed in mediation confidential?

Yes, mediation is confidential. Under West Virginia Rules of Evidence 408 and mediation confidentiality statutes, discussions, offers and statements made during mediation cannot be used as evidence in court if the case proceeds to litigation. The mediator cannot be called as a witness, and neither party can disclose information shared during the mediation process.

There are some exceptions to confidentiality. If mediation reveals information about child abuse, elder abuse or threats of harm to another person, the mediator may be legally required to report it. Additionally, if both parties agree in writing to disclose specific aspects of the mediation, those elements may be shared outside of the process.

What issues can be resolved through mediation?

Mediation can address different types of disputes, including but not limited to the following:

• Family law disputes: Divorce, child custody, child support, spousal support and property division.
• Real estate conflicts: Boundary disputes, landlord-tenant disagreements, zoning issues and homeowners’ association conflicts.
• Business and contract disputes: Partnership disagreements, breach of contract issues and employment-related conflicts.
• Personal injury and civil disputes: Settlement discussions for accident claims and defamation cases.
• Estate and probate matters: Will contests, trust disputes and inheritance disagreements.

Mediation over litigation can save time, reduce costs and improve outcomes for all parties involved.

Why should I use Lyne Ranson as a mediator?

Lyne has been an experienced family law mediator for nearly 30 years and is very successful in settling cases. She has practiced family law for years in all areas of the state and is very familiar with the law and the courts. She was a circuit judge and has been recognized for her work in family law.

What happens if we can’t agree during mediation?

If you cannot reach an agreement during mediation, you still have the option to pursue traditional divorce proceedings. The discussions and proposals made during mediation remain confidential and cannot be used in court, which allows you to explore solutions freely without concern about future implications. If mediation is unsuccessful, the unresolved issues can then be addressed through litigation, where a judge will make the final decisions based on the evidence and arguments presented.

Get Your Questions Answered During An Initial Consultation

From our office in Charleston, Lyne Ranson Law Offices, PLLC, we serve clients throughout West Virginia. To learn more about mediation and how our legal team can assist you, contact us to request an initial consultation. Just call 304-932-0591 or reach out online.