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PA Bulletin, Doc. No. 05-881

THE COURTS

DAUPHIN COUNTY

Promulgation of Local Rule on Mediation; No. 1793 CV 1989

[35 Pa.B. 2727]

Order

   And Now, this 25th day of April, 2005, the following is adopted as Dauphin County Court of Common Pleas Local Rule 1001:

Rule 1001.  Mediation

a.  General

   Every civil action, except protection from abuse matters, filed in the Dauphin County Court of Common Pleas is eligible for mediation. Prior to filing suit and whenever practicable thereafter, parties and their counsel are encouraged to consider and to pursue mediation options.

b.  Procedure

   Parties and their attorneys in all civil cases may mutually elect to pursue mediation at any point before a case is listed for trial or arbitration. Status conferences conducted by the Court shall include a discussion of the likely success of mediation and the appropriate point in the life of that case for mediation session(s) to be scheduled.

c.  Certifications

   All pre-trial conference memoranda shall include certification by the attorney submitting same that mediation has been previously pursued or, if mediation has not been pursued, that the topic of mediation was discussed among all counsel and rejected only after good faith consideration. Likewise, certificates of readiness filed with the Court Administrator as to any civil action shall contain a similar certification that mediation was pursued or, if not, was the subject of good faith consideration by counsel.

d.  Mediation Programs

   Parties and their attorneys are encouraged to use mediation to resolve disputes either through the Civil Dispute Resolution Program administered by the Dauphin County Bar Association or any other mediation program acceptable to the parties.

e.  Effective Date

   These amendments shall be effective 30 days after publication in the Pennsylvania Bulletin.

   Comment:  Parties and their attorneys are encouraged to use mediation as a means to bring disputes to conclusion economically and expeditiously. While mediation is voluntary, the Court may feel strongly that the use of mediation will conclude pending litigation. Parties and their attorneys are urged to accept the advice of the Court when mediation is suggested as a means to resolve the case.

   The Court may recommend that the parties in any civil case, except protection from abuse matters, utilize mediation or other alternative dispute resolution processes, including, but not necessarily limited to, services offered by the Civil Dispute Resolution Program as administered through the Dauphin County Bar Association whenever it appears to the judge presiding in such case that mediation or other alternative dispute resolution processes are likely to resolve the case.

   An issue may arise regarding insurance policies, and particularly professional negligence policies, wherein ultimate approval of a settlement rests with the insured. The use of mediation may lead parties to evaluate their positions and achieve a mutually acceptable resolution. This rule cannot rewrite an insurance contract, but participation in mediation may educate all interests with respect to the merits of resolving a pending dispute without protracted litigation. All parties should come to the mediation process with appropriate motivations. The process should be used in good faith; for example, it should not be used as an alternative means for discovery.

   It is anticipated that the Pennsylvania Supreme Court may enact rules directing certain types of cases to use alternative dispute resolution processes, including mediation, as a prerequisite step for certification prior to trial. This rule is adopted in anticipation of such and will be amended to comply with the mandates of any future rules adopted by the Pennsylvania Supreme Court.

By the Court

RICHARD A. LEWIS,   
President Judge

[Pa.B. Doc. No. 05-881. Filed for public inspection May 6, 2005, 9:00 a.m.]


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