Adams Cnty. C.P. Rules of Civil Procedure Rule 212.7

A. Every civil action eligible for a jury trial filed in the Adams County Court of Common Pleas is

subject to mandatory mediation. All such civil cases that have progressed beyond the exchange of

expert reports or are otherwise ready for trial shall be referred to mediation by order of court, on

the motion of any party which shall include a certification that the party believes there is a realistic

possibility of settlement, accompanied by a stipulation to proceed to mediation by all parties, or on

the court’s own motion.

B. Non-jury civil actions including but not limited to divorce, custody, support, land use appeals,

municipal appeals, and arbitration eligible cases are not subject to mandatory mediation.

C. (1) The parties shall, within thirty (30) days after the date of the court order referring the case to

mediation, choose a mediator who is available during the appropriate period and who has no

conflict of interest. If the parties are unable to choose a mutually acceptable mediator, the court

will appoint a mediator upon expiration of the thirty (30) days.

(2) The President Judge shall approve Qualified Mediators who shall be either:

a. a currently licensed Pennsylvania attorney in good standing with experience litigating

civil cases; or

b. a retired Judge in current good standing with the Pennsylvania Supreme Court.

(3) Except by agreement of all the parties or as otherwise ordered by the court, one-half the cost

of the mediator’s services shall be borne by the plaintiff(s) and one-half by the defendant(s).

In cases with more than two parties, each party must pay an equal (or pro rata) share.

(4) Within ten (10) days of the entry of the Order referring the case to Mediation, the parties shall

deposit the sum of $800.00 with the Adams County Prothonotary. The appointed Mediator

may petition the Court for approval of additional funds for prolonged or complex mediations

expected to last more than one-half (1/2) day. Failure to pay the deposit shall be brought to the

court’s attention by the Prothonotary and/or any party and sanctions may be imposed. If the

case settled prior to the start of mediation the funds shall be refunded to the parties in equal or

pro rata shares as applicable.

D. Promptly after being chosen to mediate a case, the mediator shall, after consulting with all parties,

fix the date, time and place of the mediation. All mediations shall be held within ninety (90) days

of the court’s order referring the case to mediation, and no later than forty-five (45) days before

the assigned trial term. The Mediator may direct the parties to submit case memoranda or

information relevant to the case in advance of the scheduled Mediation.

E. Upon request made, at least ten (10) days before the date of the mediation, the mediation may be

continued one time by agreement of all counsel. The counsel or party requesting the continuance

shall give written notice of such continuance to the mediator. The mediator shall reschedule the

case to be heard within forty-five (45) days, with notice of hearing to be provided to all counsel

and the court. In the event that the parties cannot agree to a continuance more than ten days prior

to the scheduled mediation date a motion for continuance must be made to and ruled upon by the

court. If the case is continued by the court, the mediator shall reschedule the mediation in

accordance with the court’s order granting the continuance.

F. (1) All named parties and their counsel are required to attend the mediation in person unless

excused under subparagraph (4) below. A party other than a natural person (e.g. a corporation or

an association) satisfies this attendance requirement if represented by a decision maker(s) (other

than outside counsel) who has full settlement authority and is knowledgeable about the facts of the

case. A unit or agency of government satisfies this attendance requirement if represented by a

person who has, to the greatest extent feasible, full settlement authority, and is knowledgeable

about the facts of the case, the government unit’s position, and the procedures and policies under

which the government unit decides whether to accept proposed settlements. If the action is

brought by the government on behalf of one or more individuals, at least one such individual also

must attend. Any party who fails to have physically in attendance the necessary decision maker(s)

will be subject to sanctions.

(2) Each represented party must be accompanied at the mediation by the lawyer who will be

primarily responsible for handling the trial of the matter.

(3) Insurer representatives are required to attend in person unless excused under subparagraph (4)

below, if their agreement would be necessary to achieve a settlement.

(4) A person who is required to attend mediation may be excused from attending in person only

after a showing that personal attendance would impose an extraordinary or otherwise unjustifiable

hardship. A person seeking to be excused must file a motion with the court no fewer than ten (10)

days before the date set for the mediation, simultaneously copying all counsel and the mediator.

(5) A person excused from appearing in person at mediation must be available to participate by

video conferencing or telephone if video conferencing is unavailable.

(6) Every party which agrees to or is ordered to undergo the mediation process must do so in good

faith. Any party who fails to attempt the mediation process in good faith may be subject to

sanctions.

G. (1) The mediation must be informal and employ a facilitative method. The mediator may hold

separate, private caucuses with each side or each lawyer or, if the parties agree, with the parties

only. The mediator may not disclose communications made during the caucus to another party or

counsel without the consent of the party who made the communication.

(2) Unless stipulated in writing by all parties and the mediator, or except as required by law or

otherwise ordered by court, all discussions which occur during mediation shall remain strictly

confidential and no communication during any mediation session (including, without limitation to,

any verbal, nonverbal, or written communication which refers or relates to mediation of the

pending litigation) shall be disclosed to any person not involved in the mediation process, except

to the court. These communications shall not be admissible at trial and no aspect of the mediation

session shall be used by anyone for any reason.

(3) No recording or transcript of the mediation may be made.

(4) The mediator shall not be called to testify as to what transpired in the mediation.

H. Within five (5) days of the conclusion of the mediation, the mediator shall submit to the court

directly a written report that includes the caption and case number, the date of the mediation,

whether any follow up is scheduled, whether the case settled in whole or in part, and any

stipulations the parties agree may be disclosed, and whether the parties participated in good faith.

Explanatory Comment

Mediation is a flexible, non-binding, confidential process (See 42 Pa. C.S. § 5949) in which a neutral

person (the mediator), selected by the parties, facilitates settlement negotiations. The mediator improves

communication across party lines, helps parties articulate their interests and understand those of their

opponent, identifies issues and helps generate options for a mutually agreeable resolution to the dispute. A

hallmark of mediation is its capacity to expand traditional settlement discussion and broaden resolution

options, often by exploring litigant needs and interests that may be formally independent of the legal

issues in controversy.

Note

All named parties and their counsel are required to attend the mediation. This requirement reflects the

court’s view that the principal values of mediation include affording litigants opportunities to articulate

directly to the other parties their positions and interests and to hear, firsthand, their opponent’s version of

the matters in dispute. Mediation also enables parties to search directly with their opponent for mutually

agreeable solutions.