Appearances; Sanctions

West Virginia Trial Court Rules

Rule: 25.10.

Jurisdiction: WV

Bluebook Citation: W.Va. Tr. Ct. R. 25.10.

The following persons, if furnished reasonable notice, are required to appear at the mediation session (1) each party or the party's representative having full decision-making discretion to examine and resolve issues; (2) each party's counsel of record; and (3) a representative of the insurance carrier for any insured party, which representative has full decision-making discretion to examine and resolve issues and make decisions. Any party or representative may be excused by the court or by agreement of the parties and the mediator. If a party or its representative, counsel, or insurance carrier fails to appear at the mediation session without good cause or appears without decision-making discretion, the court sua sponte or upon motion may impose sanctions, including an award of reasonable mediator and attorney fees and other costs, against the responsible party. History. Amended by order effective March 8, 2004.

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