Rule 1042.21 - Medical Professional Liability Actions Motion for Settlement Conference or Mediation1. Upon agreement of the parties that mediation would be appropriate for resolution of a case, a "stipulation for mediation" requesting a mediation conference and signed by all parties and counsel shall be filed of record and submitted to the Court. The stipulation shall specify that all parties involved agree to the mediation and believe that there is a realistic possibility of settlement. As only one judge presides in the 59th Judicial District, the Court shall request the appointment of a senior judge to act as the mediator.2. Prior to the mediation conference, a. All discovery must be completed.b. A discussion of consent to settle must have taken place with all defendant doctors and health care providers.c. The respective insurers must have completed all relevant claim evaluationsd. All pre-trial dispositive motions, e.g., motions for summary judgment, must have been filed and resolved.3. The date, time and place of the mediation conference shall be established by the mediator/judge.4. Unless specifically requested by the mediator/judge, the parties shall not contact or forward documents to the mediator/judge.5. The mediation session procedure shall be directed by the mediator/judge, but shall generally include an introduction of the parties, opening statements by counsel and any of the principals, if desired. Thereafter, caucuses will be conducted with the respective parties to permit the mediator/judge to develop and refine the parties' positions.6. Counsel who will actually try the case must attend the mediation conference, as must any unrepresented party. All parties, insurers and principals of parties with decision-making authority must attend the mediation conference in person unless excused by the mediator/judge. Any doctor who has not provided a signed statement indicating that he or she has discussed the case with his or her attorney of record and do or do not consent to a settlement must attend the mediator conference.7. All mediation proceedings, including any statement made or writing submitted by a participant, shall not be disclosed to any person who is not directly involved with the mediation conference. The parties' settlement positions and statements during mediation shall not be disclosed to the trial judge unless mutually agreed to by the parties. In the event of a non-jury trial, under no circumstances shall the parties' settlement positions and statements be disclosed to the trial judge.
No transcript or other recording may be made of the mediation conference and the mediation proceedings shall not be used by any adverse party for any reason in the litigation at issue provided, however, that a settlement agreement resulting from the mediation conference may be sought to be enforced.
8. The mediator/judge shall submit a confidential report to the trial judge indicating whether a settlement has been reached. The mediator/judge may recommend that further mediation be ordered if settlement has not been achieved.Elk & Camp. Cnty. Pa. 1042.21