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PA Bulletin, Doc. No. 12-392

THE COURTS

Title 255—LOCAL
COURT RULES

SUSQUEHANNA COUNTY

New Rules of the Civil Division of the Court of Common Pleas; 2012-209 C.P.

[42 Pa.B. 1219]
[Saturday, March 10, 2012]

Order

 Now To Wit, this 17th day of February, 2012, it be and is hereby Ordered that the following rules of the Civil Division of the Court of Common Pleas of Susquehanna County, Susquehanna County Rules of Civil Procedure Civil Rule 1940.2. Definitions., Susquehanna County Rules of Civil Procedure Civil Rule 1940.3. Order for Child Custody Mediation. Selection of Child Custody Mediator., Susquehanna County Rules of Civil Procedure Civil Rule 1940.4. Minimum Qualifications of the Child Custody Mediator., Susquehanna County Rules of Civil Procedure Civil Rule 1940.5. Duties of Child Custody Mediator., Susquehanna County Rules of Civil Procedure Civil Rule 1940.6. Termination of Mediation., be and the same are hereby promulgated herewith to become effective thirty (30) days after the publication of the rule in the Pennsylvania Bulletin; that one (1) certified copy shall be filed with the Administrative Office of Pennsylvania Courts; that two (2) certified copies shall be filed with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin; that (1) certified copy shall be filed with the Domestic Relations Procedural Rules Committee; and that one (1) copy shall be filed with the Prothonotary of the Court of Common Pleas of Susquehanna County.

By the Court

KENNETH W. SEAMANS, 
President Judge

New Rules of The Civil Division of the Court of Common Pleas; 2012-209 C.P.

Order

 Now To Wit, this 17th day of February, 2012, it is ordered that, effective sec. leg., Susquehanna County Rules of Civil Procedure Civil Rule 1940.2. Definitions., Susquehanna County Rules of Civil Procedure Civil Rule 1940.3. Order for Child Custody Mediation. Selection of Child Custody Mediator., Susquehanna County Rules of Civil Procedure Civil Rule 1940.4. Minimum Qualifications of the Child Custody Mediator., Susquehanna County Rules of Civil Procedure Civil Rule 1940.5. Duties of Child Custody Mediator., Susquehanna County Rules of Civil Procedure Civil Rule 1940.6. Termination of Mediation., be and the same are hereby Adopted as follows:

Civil Rule 1940.2. Definitions.

 As used in this Chapter, the following terms shall have the following meanings:

 ''Mediation'' is the confidential process by which a neutral mediator assists the parties in attempting to reach a mutually acceptable agreement on issues arising in a custody action. The role of the mediator is to assist the parties in identifying the issues, reducing misunderstanding, clarifying priorities, exploring areas of compromise and finding points of agreement. An agreement reached by the parties must be based on the voluntary decisions of the parties and not the decision of the mediator. The agreement may resolve all or only some of the disputed issues. Parties are required to mediate in good faith, but are not compelled to reach an agreement. While mediation is an alternative means of conflict resolution, it is not a substitute for the benefit of legal advice.

 ''Memorandum of Understanding'' is the written document prepared by a mediator which contains and summarizes the resolution reached by the parties during mediation. A Memorandum of Understanding is primarily for the benefit of the parties and is not legally binding on either party.

Civil Rule 1940.3. Order for Child Custody Mediation. Selection of Child Custody Mediator.

 (a) Upon commencement of an action for custody, partial custody or visitation of minor children, or the filing of a petition seeking modification or contempt of an existing order or seeking relocation, the Prothonotary shall collect a nonrefundable fee of $20.00 which will be used to benefit the newly enacted custody mediation program.

 (b) After the initial filing, the filing party shall present the complaint or petition to the Court of Common Pleas during Motions Court on any Tuesday at 10:00 a.m. Once presented, the Court Administrator shall schedule a custody conference within forty-five (45) days.

 (c) If the parties can agree to a custody schedule on or before the date of the custody conference, that schedule shall be accepted by the Court if it is in the best interests of the minor child or children.

 (d) If the parties do not agree as to any part of the custody schedule, or if the Court does not accept the proposed agreement at the custody conference, the case shall be set down for mediation.

 (e) Mediation shall occur within 60 days of the custody conference in all cases, unless the parties are ineligible for mediation, or if the appointed Child Custody Mediator determines that mediation would be fruitless after speaking with the parties. The Court Administrator shall schedule the Mediation.

 (f) Pursuant to 23 Pa.C.S.A. § 3901, parties cannot be ordered to participate in mediation if a party or a child of either party is or has been the subject of domestic violence or child abuse either during the pendency of the action or within 24 months preceding the filing of the action.

 (g) Parties ineligible for court ordered mediation, because of domestic violence, may request in writing that they be permitted, by the Court, to attend mediation.

 (h) If at any time during the mediation process, the Child Custody Mediator reasonably believes that the proceedings are inappropriate for mediation, the Child Custody Mediator shall advise the Court of the decision to terminate the mediation and will further recommend what fee, if any, should be returned to the parties.

 (i) If mediation is not appropriate, the Court Administrator shall set a custody hearing date.

 (j) Mediation shall be held at the Susquehanna County Courthouse. The appointed Child Custody Mediator shall contact the parties, using the contact information provided at the time of filing of the complaint or petition to discuss mediation fundamentals and collect information. The duties of the Child Custody Mediator are defined in CIVIL RULE 1940.5.

 (k) An initial fee of $500.00 shall be paid by the parties to the Office of the Susquehanna County Prothonotary at least seven (7) days prior to the mediation. Each party shall pay one half of the mediation fee. Further, if either party is indigent, he or she shall motion that the other party pay the full mediation fee and the Court will direct what party shall make payment. If both parties are indigent, petition to proceed in forma pauperis shall be submitted to the Court in the form specified in Pa. R.C.P 240.

 (l) Additional fees may be assessed as necessary by the Court in accordance with the recommendation of the Child Custody Mediator. These fees shall be paid to the Office of the Susquehanna County Prothonotary before mediation continues.

 (m) Only the parties shall attend the scheduled mediation. If parties are represented by counsel, counsel will be permitted to approve any Memorandum of Understanding. However, counsel is not permitted to attend or participate in any mediation session. Third parties are not permitted to participate in, or attend, the mediation.

 (n) All applications for continuances of mediations shall be made in writing to the court and shall be delivered via hand delivery, postal mail, or facsimile to the Court Administrator no less than 24 hours before the scheduled mediation.

Civil Rule 1940.4. Minimum Qualifications of the Child Custody Mediator.

 (a) A Child Custody Mediator must have at least the following qualifications:

 (1) a bachelor's degree and practical experience in law, psychiatry, psychology, counseling, family therapy or any comparable behavioral or social science field;

 (2) successful completion of basic training in domestic and family violence or child abuse and a divorce and custody mediation program approved by the Association for Conflict Resolution, American Bar Association, American Academy of Matrimonial Lawyers, or Administrative Office of Pennsylvania Courts;

 (3) mediation professional liability insurance; and

 (4) additional mediation training consisting of a minimum of 4 mediated cases totaling 10 hours under the supervision of a mediator who has complied with subdivisions (1) through (3) above and is approved by the court to supervise other mediators.

 (b) The Child Custody Mediator shall comply with the ethical standards of the mediator profession as well as those of his or her primary profession and complete at least 20 hours of continuing education every two years in topics related to family mediation.

 (c) A post-graduate student enrolled in a state or federally accredited educational institution in the disciplines of law, psychiatry, psychology, counseling, family therapy or any comparable behavioral or social science field may mediate with direct and actual supervision by a qualified mediator.

Civil Rule 1940.5. Duties of Child Custody Mediator.

 (a) The Child Custody Mediator shall explain the mediation process to the parties and shall further ensure that the parties understand that the Child Custody Mediator provides no legal representation to either party.

 (b) The Child Custody Mediator shall ascertain the issues in the action through discussion with the attorneys and/or the parties. However, attorneys will not be permitted into the mediation session.

 (c) The Child Custody Mediator shall not take testimony and the mediation shall not be of record. Rather, the Child Custody Mediator shall attempt to determine the relevant facts through discussion and shall suggest or recommend a proposed settlement. The Child Custody Mediator shall ensure that the parties consider fully the best interests of the child or children.

 (d) All communications with the Child Custody Mediator shall be confidential.

 (e) The mediation procedure shall at all times be in the sole discretion of the Child Custody Mediator, in accordance with applicable rules of court.

 (f) When the Child Custody Mediator determines that the parties have reached full agreement concerning the matter, he/she shall prepare a Memorandum of Understanding within ten (10) days following the mediation. Extensions for preparation may be granted by the Court for good cause shown.

 (g) The Memorandum of Understanding shall be sent to the parties via postal mail and will not become a binding agreement until adopted by the Court. Parties are entitled to have an attorney review the Memorandum of Understanding before it is submitted, by the Child Custody Mediator, to become a Final Order. If either party wishes to amend the Memorandum of Understanding, he or she may contact the Child Custody Mediator and request that the revision be made. If both parties do not agree to revisions of the Memorandum, the Child Custody Mediator may schedule an additional mediation meeting at an additional fee.

 (h) If the parties accept a Memorandum of Understanding which disposes of all of the issues regarding custody, it shall be the sole responsibility of the appointed Child Custody Mediator to prepare a Final Agreement and present it to the Court, and if the Final Agreement is found acceptable by the Court, it shall be made into a Final Order.

 (i) If the parties can reach only partial agreement concerning the action, the Child Custody Mediator in his/her discretion may create a Memorandum of Understanding regarding the partial agreement and refer the disputed areas to the court for decision, or may refer the entire action to the court for decision.

 (j) The Memorandum of Understanding regarding the proposed partial agreement shall be sent to the parties via postal mail and shall not become binding until incorporated into the Final Order of the Court. Parties are entitled to have an attorney review the Memorandum of Agreement. If either party wishes to amend the agreement, he or she may contact the Child Custody Mediator and request that the revision be made. If both parties do not agree to revisions, the matters shall be submitted, in addition to the other disputed issues, to the Court for determination at the child custody hearing.

 (k) In those actions where the parties cannot reach any agreement, the Child Custody Mediator shall prepare and file a report pursuant to LOCAL CIVIL RULE 1940.6.

 (l) With the consent of the parties, the Child Custody Mediator may state in the report a concise summary of the mediation, including the background of the action, the allegations of the parties concerning the areas of dispute, and the recommendations, if any, of the Child Custody Mediator concerning disposition.

 (m) After receiving a report of a Child Custody Mediator that a child custody hearing is necessary, the Court Administrator shall schedule the matter for a custody hearing in the Court of Common Pleas of Susquehanna County.

Civil Rule 1940.6. Termination of Mediation.

 (a) Mediation shall terminate upon the earliest of the following circumstances to occur:

 (1) a determination by the Child Custody Mediator that the parties are unable to reach a resolution regarding all of the issues subject to mediation;

 (2) a determination by the Child Custody Mediator that the parties have reached a resolution regarding all of the issues subject to mediation;

 (3) a determination by the Child Custody Mediator that the parties have reached a partial resolution and that further mediation will not resolve the remaining issues subject to mediation; or

 (4) a determination by the Child Custody Mediator that the proceedings are inappropriate for mediation.

 (b) If the parties reach a complete or partial resolution, the Child Custody Mediator shall, within ten (10) days, prepare and transmit to the parties a Memorandum of Understanding. At the request of a party, the Child Custody Mediator shall also transmit a copy of the Memorandum of Understanding to the party's counsel. Thereafter, pursuant to LOCAL RULE 1940.5(h), the Child Custody Mediator may be required to submit a Final Order to the Court.

 (c) If no resolution is reached during mediation, the Child Custody Mediator shall, within ten (10) days, report this in writing to the Court, without further explanation, unless the parties agree to additional disclosure and the Child Custody Mediator finds that additional disclosure will be beneficial.

[Pa.B. Doc. No. 12-392. Filed for public inspection March 9, 2012, 9:00 a.m.]


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