West Virginia Divorce Mediation

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Requirements of Family Court Mediator in West Virginia Divorce Mediation

  • Liability insurance coverage
  • Co-mediation of 3 mediations along with an experienced mediator
  • Observation of 2 divorce mediations
  • 40 hour course in divorce mediation training, inclusive of 4 hours of domestic violence instruction and 4 hours of West Virginia family law
  • Bachelor's degree

Role of mediator in West Virginia Divorce Mediation

The mediator is an impartial and trained individual who helps the parties to reach a mutually acceptable agreement. The mediator assists in identification of issues, generation of options and design of a resolution to the dispute.

The mediator does not play the role of a lawyer. So, the mediator does not offer the divorcing parties any legal advice.

The mediator does not play the role of a therapist. Thus, the mediator does not make any attempts to repair the marriage.

The mediator is not in the role of a judge. Hence, the mediator does not make any decisions. The divorcing parties make all the decisions.

The Family court has a roster of trained mediators. The mediators in this list are offered cases on a rotating basis.

Rules of Mediation

  • Divorcing parties have to make every attempt to design a solution to their dispute
  • All the points that are spoken are confidential
  • Both parties will fully reveal their information
  • All the participants would be offered respect
  • The divorcing parties and the mediator together chalk out a parenting agreement
  • The duration of each session is almost 2 hours. In some divorce cases, more than 1 session is needed
  • The mediation session is arranged in a private setting
  • The parties speak directly with the mediator
  • It is the right of each party to get a chance to talk and be heard without any interruption

Role of a Screener

A Screener is a person who has been given training regarding the understanding of substance abuse, domestic violence and the mediation process. The Family Case Coordinator in the Family Court office is generally named as the Screener.

The Screener is not a judge and hence does not make any decisions. However, the screener decides whether the divorcing parties are suitable for the mediation process.

The Screener is not a lawyer and so does not offer any legal recommendation.

What is a screening procedure?

  • Separate appointments are arranged between the Screener and each divorcing party
  • The duration of 1 appointment is usually 30 to 45 mins
  • A screening appointment is completely confidential process. All that is discussed during screening is secure in a locked file cabinet. The screening discussion is never disclosed to any lawyer or the opposing party or the Family Court Judge
  • The screener asks many questions to the divorcing parties and gauges if their case is suitable for mediation sessions
  • Initially, the screenings of both the divorcing parties are completed. Then, the screener takes a decision whether or not to hold the mediation sessions. Further, the decision of the Screener is communicated to the parties

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