The Court selects certain cases for mandatory mediation, but all represented parties can choose mediation. The mediation occurs shortly after the filing of the petition for appeal to the Supreme Court from the administrative agency.

There was an increase in the number of workers' compensation petitions filed with the Court, from 1,394  in 2002 to 1,572 in 2003.  In 2003, workers' compensation cases accounted for 54 % of all new petitions filed.

Since the workers' compensation mediation program began in 1998, 1,450 cases have been selected for mediation. Of those cases, 672, or 46%, were settled and removed from the Court's docket.

Mediation is particularly needed for workers' compensation appeals because of the high volume of workers' compensation cases. The growth in overall case filings from the early 1980s to 1999 is due largely to the steady and significant growth in the number of workers' compensation filings. One reason for the high volume is because West Virginia is one of only six states where workers' compensation appeals come directly to a state's highest court from the administrative agency.

The nature of workers' compensation cases also is well-suited to mediation. As Justice Davis explains, "Mediation returns control to the parties. Employers and employees can resolve their differences on their own, which fosters better labor-management relations in the future."