W. Va. Code R. § 114-13-4 - Conferences; Informal Disposition of Cases
4.1. Conferences. -- At any time prior to the
hearing or thereafter, the commissioner or a person conducting the hearing by
his or her authority, may hold conferences:
a.
To dispose of procedural requests or similar matters;
b. To simplify or settle issues by consent of
the parties; or
c. To provide for
the informal disposition of cases by stipulation, agreed settlement or consent
order.
The commissioner may cause such conferences to be held on his or her motion or by request of a party.
4.2. The commissioner, upon agreement of the
parties, may require mediation or other alternative dispute resolution
technique to assist the parties in identifying, clarifying and resolving issues
regarding a category (B) hearing. Mediation may be requested at any time prior
to the hearing. All of the information that is provided by parties during
mediation is and shall remain confidential. Mediators may not be called as
witnesses to provide testimony in unresolved issues that proceed to a hearing,
and any hearing examiner involved in a mediation process may not hear the case
or be consulted regarding the merits of the case.
Notes
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