(a) Appropriate civil cases, excluding medical professional liability actions*, that have progressed beyond the exchange of expert reports and family law cases that involve a claim for equitable distribution of property may be referred to mediation by order of the Court (mediation of custody disputes is addressed by Local Rule L1940.1), on the motion of any party which shall include a certification that there is the belief there is a realistic possibility of settlement, following a stipulation by all parties or on the Court's initiative. (b)(1) The parties shall, within 30 days after the date of the court order referring a case to mediation, choose a mediator who is available during the appropriate period and has no apparent conflict of interest. If the parties are unable to choose a mutually acceptable mediator the Court will appoint a mediator.(2) Except by agreement of all parties or as otherwise ordered by the Court, the cost of the mediator's services shall be divided evenly amongst the parties. Compensation shall be paid directly to the mediator upon the conclusion of mediation or as otherwise agreed by the parties and the mediator. Failure to pay the mediator shall be brought to the attention of the Court.(c) Promptly after being chosen to mediate a case, the mediator shall, after consulting with all parties, fix a time, place and date for mediation. All mediations shall occur within 90 days of the Court's order referring the case to mediation.(d) At least 10 days before the date of mediation, the mediation may be continued one time by agreement of all parties. The party requesting the continuance shall give written notice of the continuance to the mediator. The mediator shall reschedule mediation within 60 days from the date the mediation was to originally occur with notice provided to all parties. In the event that the parties fail to agree to a continuance more than 10 days prior to the date of the scheduled mediation, a continuance shall be filed with and decided by the Court. If the case is continued by the Court, the mediator shall reschedule the mediation in accordance with the Court's order granting the continuance.(e)(1) All named parties and their counsel are required to attend mediation unless excused under subparagraph (e)(4) below. A party other than a natural person (e.g. a corporation or an association) satisfies the attendance requirement if represented by one authorized to reach a settlement (other than outside counsel) and is knowledgeable about the facts of the case. A unit or agency of government satisfies the attendance requirement if represented by a person who has, to the greatest extent feasible, full settlement authority and is knowledgeable about the facts of the case, the agency's legal position and the procedures and policies under which the government agency decides whether or not to accept a proposed settlement. If the action is brought by the government on behalf of one or more individuals, at least one such individual must also attend. Any party who fails to attend mediation will be subject to sanctions.(2) Each represented party must be accompanied at the mediation by the lawyer who would be primarily responsible for trying the disputed matter. If a party is proceeding pro se and the opposing party is represented by counsel, the Court may appoint counsel to assist the pro se party at mediation. The appointed attorney shall receive as compensation for his/her services a fee of $250.00 that shall be paid by the pro se party. In cases where mediation is extended beyond one day the Court, upon petition of the attorney and for cause shown, may grant additional compensation. The Court may waive all or part of the attorney's fee if the pro se party demonstrates a financial inability to pay.(3) Insurer representatives are required to attend in person unless excused under subparagraph (e)(4) below, if their assent would be necessary to achieve a settlement.(4) A person who is required to attend mediation may be excused from attending in person only after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable hardship. A person seeking to be excused must file a motion with the Court no fewer than 10 days prior to the date set for mediation and must further serve a copy of the motion on all parties and the mediator.(5) A person excused from appearing in person must be available to participate by telephone.(f) Within 5 days following the conclusion of mediation, the mediator shall file a written report with the Court that includes the caption and case docket number, the date of the mediation, whether any follow-up mediation was scheduled, whether the case was settled in whole or in part and any stipulations reached by the parties.* See Pa.R.Civ.P. 1042.21 for Medical Professional Liability Actions - Motion for Settlement Conference or Mediation
Amended effective 4/18/2019.EXPLANATORY COMMENT
Mediation is a flexible, generally non-binding, confidential process (See 42 Pa.C.S.A. § 5949) in which a neutral person (the mediator), selected by the parties, facilitates settlement of their case through negotiations. The parties may agree that mediation will be binding. The purpose of the mediator is to improve communication across party lines, help parties articulate their interests and to understand the interests of their opponent, and identify issues to help generate a mutually agreeable resolution to the dispute. A hallmark of mediation is its capacity to expand traditional settlement discussion and broaden resolution options by often exploring litigant needs and interests that may be independent of the legal issues in controversy.
COMMENT
All named parties and their counsel are required to attend mediation. This requirement reflects the Court's view that the principle values of mediation include affording litigants the opportunity to articulate directly to opposing parties their positions and interests and to hear, first hand, their opponent's version of the matter in dispute. Mediation also enables parties to seek mutually agreeable solutions with their party-opponents.