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PA Bulletin, Doc. No. 05-189

THE COURTS

NORTHAMPTON COUNTY

Rule of Civil Procedure N1042.21; Misc. No. C-48-CV-2005-259

[35 Pa.B. 654]

Order of Court

   And Now, this 13th day of January, 2005, Northampton County Rule of Civil Procedure N1042.21 (Mediation of Medical Professional Liability Actions) is hereby adopted as follows. The rule is effective immediately.

By the Court

ROBERT A. FREEDBERG,   
President Judge

N1042.21. Mediation of Medical Professional Liability Actions.

   a.  Upon the entrance of an order for mediation of a medical professional liability action, after conference with counsel, the court shall appoint a mediator.

   b.  The mediation shall be conducted in the manner designated by the mediator.

   c.  Counsel fully familiar with the action shall appear at the mediation. All parties shall be present. Counsel shall have available either in person or by telephone individuals empowered to enter into settlement agreements in the action. Upon failure to comply with this provision, the court may, upon motion of the mediator or any party, impose appropriate sanctions.

   d.  Compensation for the mediator shall be at the rate of $150.00 per hour. A deposit of $500.00 shall be paid to the mediator upon entrance of the order for mediation.

   e.  The mediation shall occur within such time as not to unreasonably delay trial, and not more than 60 days from entrance of the order for mediation. The mediator shall report the results to the court.

   Comments:  An order for mediation may result on a motion pursuant to PA.R.C.P. 1042.21, or upon joint motion of plaintiff and a healthcare provider defendant at any time. The costs of the mediation process shall be paid by the moving party or parties. Mediation communications and documents are confidential. 42 PA.C.S.A. § 5949.

[Pa.B. Doc. No. 05-189. Filed for public inspection January 28, 2005, 9:00 a.m.]


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