CHAPTER 48. DOMESTIC RELATIONS.
WVC 48 - 5 A-
ARTICLE 5A. COLLABORATIVE FAMILY LAW PROCEEDINGS.
WVC 48 - 5 A- 101
§48-5A-101. Legislative findings.
The Legislature finds that parties to family law actions
often have particular needs and interests that may not be addressed
through traditional litigation. The Legislature also finds that in
the area of family law there may be an alternative approach to
dispute resolution which targets settlement from the outset and
which employs cooperative negotiation and problem solving that
encourages compromise and direct communication among the parties.
WVC 48 - 5 A- 102
§48-5A-102. Collaborative law generally; requesting the Supreme
Court to study collaborative law procedures for
possible implementation in this state.
(a) Collaborative law is a procedure in which parties who are
involved in family law matters and the involved attorneys agree in
writing to use their best efforts and make a good-faith attempt to
resolve their disputes arising from family law matters on an agreed
basis without resorting to judicial intervention, except to have a
court approve the settlement agreement, make the legal
pronouncements and sign the orders required by law to effectuate
the agreement of the parties as the court determines appropriate.
(b) Several states have passed laws adopting collaborative law
procedures. The Legislature requests that the Supreme Court of
Appeals study the use of collaborative law procedures in the family
courts of this state and, should the court find that the procedures
would be an effective alternative approach to dispute resolution in
family law matters, promulgate rules for the implementation of the
collaborative law procedures. The Legislature further requests
that the Supreme Court of Appeals present its findings and any
rules promulgated to the Legislature at the regular session of the
Note: WV Code updated with legislation passed through the 2012 1st Special Session