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PA Bulletin, Doc. No. 09-1986



In Re: Amendment of Local Rule of Civil Procedure 39-1001; Miscellaneous Docket; Volume 2009, Page 4348

[39 Pa.B. 6230]
[Saturday, October 24, 2009]

Order of Court

 October 5, 2009, it is hereby ordered that Local Rule of Civil Procedure 39-1001 is amended as attached, said rule will be effective thirty (30) days after publication in the Pennsylvania Bulletin.

By the Court

President Judge

Rule 39-1001. Mediation.

 a. General Applicability. All civil actions, with the exception of those matters arising under Pa.R.C.P. 1901 through 1940.9, filed in the Court of Common Pleas of the 39th Judicial District are 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 for Mediation in Non-Jury Civil Trials, Civil Jury Trials and Cases Subject to Arbitration. Parties and their attorneys in all applicable civil cases which will result in a non-jury civil trial, civil jury trial or arbitration may mutually elect to pursue mediation at any point before a case is listed for trial or arbitration. Status conferences conducted by the court in accordance with 39th Judicial District Local Rule 212.7 shall include a discussion of the likely success of mediation and the appropriate point in the life of that case for mediation to take place.

 c. Certifications in Non-Jury Civil Trial, Civil Jury Trials and Cases Subject to Arbitration. Any Praecipe to list a case pursuant to 39th Judicial District Local Rule 39-214.1 for a Non-Jury Civil Trial, a Civil Jury Trial or Arbitration shall contain a certification that mediation was pursued or, if not, was the subject of good faith consideration by counsel and all parties. All pre-trial conference memoranda filed in accordance with 39th Judicial District Local Rule 212.3 shall include certification by the attorney submitting same that mediation has been previously pursued or, if not, that the topic of mediation was discussed by the parties and rejected only after good faith consideration.

 d. Mediation Programs. Parties and their attorneys are encouraged to use mediation to resolve disputes either through the Judge assigned to the case, if offered, or through any other mediation program acceptable to the parties.

[Pa.B. Doc. No. 09-1986. Filed for public inspection October 23, 2009, 9:00 a.m.]

[39 Pa.B. 6231]
[Saturday, October 24, 2009]

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