Is there a difference between private and court-ordered mediation?

Yes, there is a difference between private and court-ordered mediation in West Virginia. Private mediation, also known as voluntary mediation, is when two parties voluntarily agree to mediate and hire a neutral third party, known as a mediator, to assist them in negotiating a mutually agreeable resolution. The mediator is not a judge nor does the mediator have the authority to make decisions for the parties. The mediator is there to facilitate discussion and communication between the parties with the ultimate goal of resolving the dispute. Court-ordered mediation, also known as compulsory arbitration, on the other hand, is when a court orders two parties to mediate and helps them find a compromise. A mediator is still used, but the mediator has the power to make decisions for the parties if the parties cannot come to an agreement on their own. The mediator is there to act as an authority in the dispute, and their decision is binding and must be followed by the parties. In either situation, the goal of mediation is the same in West Virginia—to facilitate meaningful, productive communication between the participants, and to assist them in reaching an agreement the parties are both comfortable with.

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Is there a difference between private and court-ordered mediation?

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