All interested parties in a matter may use mediation to resolve issues pending before the Court, and upon either partial or complete resolution, may petition the Court to approve the agreement of all interested parties as an order or decree of the Court.
(a) The interested parties may engage the services of a mediator, either prior to or after any party in interest has filed a Pleading before the Court, including an Account filed by a fiduciary for audit.(b) All interested parties in a matter docketed before the Court may motion to engage in mediation at any time during the pendency of the matter. Such mediation shall take place within ninety (90) days of the request being made to the Court, unless extended by order of Court upon motion of any interested party.(c) The motion for mediation shall identify: 1. The proposed mediator and the proposed source of payment of fees and costs of the mediator;2. Names and contact information of all interested parties and any counsel who shall participate in the mediation;3. Names and information regarding any interested parties having diminished capacity or a legal disability, whose interests must be adequately protected; and4. The scheduled date for the initial mediation conference, if known in advance.(d) All interested parties shall keep matters discussed in mediation confidential.(e) Mediation shall not delay the required filing of any Pleading or ordered return dates, or the scheduling of Court Hearings, unless specifically requested by interested parties and so ordered by the Court.(f) Within twenty (20) days of completion of mediation, all interested parties, or their counsel where appropriate, shall sign a memorandum of principal terms, which either shall acknowledge that no resolution was reached, or shall embody the resolutions attained. This memorandum of principal terms shall clearly state partial resolutions or complete resolution attained. The memorandum of principal terms shall include a list of unresolved issues to be determined by the Court. Where appropriate, the principal terms could provide for future review in light of changed circumstances or a change in the operative facts. The memorandum of principal terms agreed upon, or the statement of no resolution, together with a petition to approve any agreement reached by the parties shall be filed with the Clerk of the Orphans' Court and a copy served on the presiding judge.(g) In no event shall the terms agreed upon depart from or violate any provisions of applicable law, specifically including the Older Adults Protective Services Act, the Act of Dec. 18, 1996, P.L. 1125, No. 169 (35 P. S. § § 10225.101 - 10225.5102), as may be amended.(h) The parties may select a mediator of their own choosing and conduct the mediation in conformance with this Local Rule, or may participate in the Monroe County Mediation Program as set forth in the Monroe Co. R.C.P. 212.5 in conformance with this Local Rule and the requirements of Monroe Co. R.C.P. 212.5.