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Recognizing that the nature of magistrate court cases is particularly suited to mediation, the
Monongalia County Magistrate Court assigns selected cases to mediation as an alternative to
litigation.
The Monongalia County Magistrate Court typically selects 10 cases for twice a month
mediation sessions. Of the 140 cases that were selected for mediation from June 2003 to February
2004, 87 were mediated. Of the 87 cases mediated, 46 (53%) were settled and 41 (47%) were
not settled. An additional seven cases settled before mediation.
The Magistrate Court Mediation Program began as a pilot project in Monongalia County
in 2002 through a coordination of the efforts of the Supreme Court of Appeals, the Monongalia County Circuit Court, the Monongalia County Magistrate Court, and the West Virginia State Bar.
Throughout the school year, law students who have completed the State Bar’s Basic
Mediator Training serve as mediators, with one attorney “on call” if needed. During the summer,
attorney mediators, mediators from West Virginia University’s Center for Dispute Resolution, and
mediators from Ohio Valley College work with the program.
The Magistrate Court Mediation Program has become a permanent part of the Monongalia County Magistrate Court, with the hope that the program will expand to other counties.
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