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PA Bulletin, Doc. No. 04-900

THE COURTS

BUCKS COUNTY

Mediation Pilot Program; Administrative Order No. 47

[34 Pa.B. 2704]

   The Court recognizes that the use of mediation may offer litigants a faster and less expensive alternative to litigation. Accordingly, in the interests of judicial economy and of those litigants who may benefit from the availability of mediation as a means of dispute resolution, the following program, which shall be known as the ''Mediation Pilot Program,'' is hereby adopted:

   1.  For a period of six months from June 1, 2004, every fifth litigant who files a complaint in assumpsit, trespass, or equity, and every litigant filing a complaint alleging medical malpractice will receive a list of approved mediators and a ''Mediation Notice'' outlining the availability of mediation as an alternative to litigation. The Notice shall be in the following form:

MEDIATION NOTICE

   You have been selected to participate in a pilot program that is intended to introduce litigants to mediation as an alternative to litigation.

   Mediation requires the voluntary participation of all parties to submit this dispute to a mediator trained in resolving conflicts of this nature.

   You may submit this matter to mediation at any time during the litigation process prior to arbitration or trial by contacting a mediator directly. A list of mediators approved by the Court is attached.

   If your case is mediated and not resolved, you are entitled to proceed directly to trial without proceeding through mandatory arbitration.

   The cost of the first two hours of mediation is $300.00, split by the parties and paid directly to the mediator. Some cases may require additional time to resolve.

   THIS NOTICE MUST ACCOMPANY ORIGINAL SERVICE OF PROCESS ON ALL PARTIES. IF YOU JOIN OTHER PARTIES TO THIS ACTION, YOU MUST ALSO SERVE A COPY OF THIS NOTICE ON EACH PARTY YOU JOIN.

   If you have any questions or need any further information, please call the mediation pilot program coordinator at 215-340-7655.

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   2.  The prothonotary shall keep a list of all cases receiving the Mediation Notice.

   3.  Plaintiff shall serve a copy of this notice upon all defendants with the complaint or writ of summons. The notice shall also be served on any party joined subsequently.

   4.  Parties electing mediation shall pay a mediation fee of $300.00 directly to the mediator for a two-hour mediation.

   5.  If the mediation resolves the dispute, the parties shall file a Praecipe to Settle, Discontinue and End, and may also file an Agreed Order.

   6.  If the mediation does not resolve the dispute, any party may file an Omnibus Praecipe moving the case directly to trial. The mediator shall issue to the litigants a special form of Omnibus Praecipe stating that the parties participated in mediation without result, and now wish to proceed to trial. In the alternative, if all parties agree, the matter may be listed for arbitration. If the parties agree to arbitration following mediation and thereafter one party chooses to appeal the arbitration award, the normal arbitration appeal fee must be paid.

   7.  The Dispute Resolution Committee shall gather information by which the usefulness of a mediation program administered through the Court may be assessed.

   8.  One year from the implementation of this Pilot Program, the Dispute Resolution Committee shall submit a report to the President Judge describing the results of the Pilot Program.

By the Court

DAVID W. HECKLER,   
President Judge

[Pa.B. Doc. No. 04-900. Filed for public inspection May 21, 2004, 9:00 a.m.]


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