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PA Bulletin, Doc. No. 15-1964

THE COURTS

WASHINGTON COUNTY

Local Orphans' Court Rule L-1.4—Washington County Orphans' Court Mediation Program; No. 2015-1

[45 Pa.B. 6497]
[Saturday, November 7, 2015]

Order

 And Now, this 19th day of October, 2015; It Is Hereby Ordered that the previously-stated Washington County Local Orphans' Court Rule is adopted as follows.

 This rule will become effective thirty days after publication in the Pennsylvania Bulletin.

By the Court

KATHERINE B. EMERY, 
President Judge

L-1.4. Washington County Orphans' Court Mediation Program.

 a. Cases filed in the Orphans' Court division may be ordered into the Orphans' Court Mediation Program by the judge to whom the case is assigned.

 b. The mediators shall be practicing attorneys that are members of the Washington County Bar Association, with an emphasis in their practice on Orphans' Court matters. A list of mediators shall be maintained by the District Court Administrator, and selected by the Court in consultation with the Washington County Bar Association.

 c. Upon appointment, the mediator shall schedule the mediation within sixty (60) days of the order of court. The attendance of lead counsel, the parties, and a representative, including an insurance carrier, with authority to enter into a full and complete compromise and settlement is mandatory. If lead counsel, the parties, or a representative fail to appear absent good cause, the mediation will not be held and sanctions shall be entered against the non-appearing individual(s) by the Court upon request of the mediator. Sanctions may include an award of reasonable mediator and attorney's fees and other costs.

 d. At least ten (10) days prior to the mediation, each party shall file a mediation statement which must include the following: (1) a succinct explanation of the facts and relief sought; (2) significant legal issues that remain unresolved; (3) summary of medical and expert reports (if applicable); (4) itemized list of damages; and (5) settlement posture and rationale. Failure to file a mediation statement may result in sanctions if requested by the mediator.

 e. Each party to a case selected for mediation shall pay a mediation fee to be made payable to the County of Washington and submitted to the Office of the District Court Administrator for processing. The mediation fee shall be set by administrative order, and information regarding the fee shall be available in the Office of the District Court Administrator.

 f. If the case has not been resolved, within ten (10) days from the date of the mediation, the mediator shall send the Court a report setting forth the mediator's assessment of the case and the mediator's recommendation regarding settlement A copy of the report shall be provided to and maintained by the District Court Administrator until the case is closed.

 g. If the case is resolved and a settlement agreed upon, the mediation shall send a letter to the Judge, with copies to counsel and the District Court Administrator.

 h. The mediator shall not be subpoenaed or requested to testify or produce documents by any party in any pending or subsequent litigation arising out of the same or similar matter. Any party, person, or entity that attempts to compel such testimony or production shall be liable and indemnify the mediator and other protected participants for all reasonable costs, fees and expenses. The mediator shall have the same limited immunity as judges pursuant to the applicable law as it relates to Common Pleas Judges.

 i. Notwithstanding the preceding subsections the Court may in its discretion set a case for an alternative dispute resolution (''ADR'') before a private mediator. The method of selection of the private mediator shall be in the discretion of the Court. All parties shall bear equally the costs of any Court-ordered private mediation; provided, however, that the Court will take appropriate steps to assure that no referral to ADR results in an unfair or unreasonable economic burden on any party.

 Note: When selecting a case for ADR before a private mediator, the Court should consider various criteria, including the nature of the claims involved and their complexity, whether any of the litigants is pro se, the potential for a successful resolution, and the interests of justice.

 (1) The method of ADR shall be addressed to the discretion of the private mediator.

 (2) The fact that a case is selected for ADR shall not delay the scheduling of any matter in the case.

 (3) Nothing in this rule shall prevent the parties from voluntarily engaging in ADR before a private mediator on their own initiative.

[Pa.B. Doc. No. 15-1964. Filed for public inspection November 6, 2015, 9:00 a.m.]


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