State and Federal Courts in West Virginia regularly order pending cases to mediation prior to trial.
Although participation in mediation is voluntary, our courts expect the parties and their counsel to negotiate in good faith and with the intention of resolving the matter. The goal of the courts is to enable the parties to reach a mutually agreeable resolution to their dispute in lieu of the judge or jury making the decision for them.
Mediation prior to instituting a lawsuit, or even prior to retaining counsel, should be explored in an effort to avoid the significant costs and emotional toll associated with litigation. Monica’s extensive litigation practice, which spanned over 20 years, and involved a myriad of legal matters and over 30 trials, allows her to assist with analysis of pending issues and likely outcomes. As a result of the mediation process, the large majority of cases will resolve prior to trial.