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PA Bulletin, Doc. No. 02-978

THE COURTS

LACKAWANNA COUNTY

Repeal and Adoption of Rules of Civil Procedure; No. 94-CV-102

[32 Pa.B. 2755]

Order

   And Now, this 16th day of May, 2002, it is hereby Ordered and Decreed that the following Lacka. Co. R.C.P. 212.5 is adopted to govern the court-annexed mediation program in civil cases in the Court of Common Pleas of Lackawanna County.

   The adoption of Lacka. Co. R.C.P. 212.5 shall become effective thirty (30) days from the date of its publication in the Pennsylvania Bulletin pursuant to Pa. R.Civ.P. 239. The Lackawanna County Court Administrator shall file seven (7) certified copies of the new local rule with the Administrative Office of the Pennsylvania Courts and shall forward two (2) certified copies of the same to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One certified copy of Lacka. Co. R.C.P. 212.5 shall be filed with the Civil Procedural Rules Committee for the Supreme Court of Pennsylvania and new Local Rule 212.5 shall be available for public inspection and copying in the office of the Clerk of Judicial Records, Civil Division.

By the Court

CHESTER T. HARHUT,   
President Judge

Lacka. Co. R.C.P. 212.5

   (a)  Mediation. With the consent of the parties, the Court Administrator or a judge may submit a civil case to the court-annexed Mediation Program.

   (b)  Certification of Mediators. The President Judge shall certify as many mediators as determined to be necessary under this Rule. An individual may be certified as a mediator only if [s]he has been admitted to practice law in Pennsylvania for at least ten years and has been determined by the President Judge to be competent to perform the duties of a mediator. The Court Administrator shall maintain a list of all persons who have been certified as mediators.

   (c)  Compensation of Mediators. The services of the mediators shall be provided pro bono and no mediator shall be called upon more than twice in a single calendar year to act as a mediator without prior approval of the mediator.

   (d)  Application for Mediation. The parties may request mediation by submitting a written application to the Court Administrator in the form attached as Form No. 6.

   (e)  Assignment for Mediation. If the parties have jointly requested mediation, the Court Administrator shall designate the assigned mediator, and shall direct the mediator to establish the date, time and place for the initial mediation session within thirty days from the date of the referral order. The Clerk of Judicial Records shall make the original case file available to the mediator for purposes of the mediation session.

   (f)  Mediation Session. The mediator shall establish the date, time and place of the mediation session. Unless specifically requested by the mediator, the parties shall not contact or forward documents to the mediator. Counsel who are primarily responsible for the case and any unrepresented party shall attend the mediation session. All parties, insurers and principals of parties with decision-making authority must attend the mediation session in person, unless their attendance is excused by the mediator for good cause shown, in which event they must be available by telephone during the entire mediation session. All parties, insurers, principals and counsel must be prepared to discuss all liability and damage issues and to participate in meaningful settlement negotiations.

   (g)  Confidentiality. 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 session. The parties' settlement positions and statements during mediation shall not be disclosed to the trial judge unless mutually agreed to by the parties, but in the event that the case involves a non-jury trial, under no circumstances shall the parties' settlement positions and statements be disclosed to the assigned judge. No transcript or other recording may be made of the mediation session and the mediation proceedings shall not be used by any adverse party for any reason in the litigation at issue.

   (h)  Mediation Report. The mediator shall submit a confidential report to the assigned judge indicating whether a settlement has been reached. In the event that a settlement has not been achieved, the mediator's report shall include a recommendation as to whether further mediation should be ordered.

FORM NO. 6

JOINT REQUEST FOR MEDIATION

PLAINTIFF(S): ______

DEFENDANT(S): ______

INSURER(S): ______

_________________

PLAINTIFF'S ATTORNEY:______

_________________

_________________

DEFENDANT'S ATTORNEY:______

_________________

_________________

ASSIGNED JUDGE:______

TYPE OF CASE: ______

STATUS OF CASE: ______

_________________

   THE REASON THE PARTIES REQUESTING MEDIATION BELIEVE THIS CASE IS APPROPRIATE FOR MEDIATION: ______

______

______

Respectfully submitted,

_________________

Counsel for ______

[Pa.B. Doc. No. 02-978. Filed for public inspection June 7, 2002, 9:00 a.m.]


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