Dauphin Cnty. C.P. RULE 1.6 - Mediation by Agreement, Local Rule, or Court O...

RULE 1.6. Mediation by Agreement, Local Rule, or Court Order

All interested parties in a matter may use mediation to resolve issues pending before

the Court, and, upon either partial or complete resolution, may petition the Court to

approve the agreement of all interested parties as an order or decree of the Court.

(a) The interested parties may engage the services of a mediator, either prior to or

after any interested party has filed a pleading before the Court, including an

Account filed by a fiduciary for audit.

(b) In such request for mediation, all interested parties shall identify:

(1) The proposed mediator and the proposed source of payment of fees and

costs of the mediator;

(2) Names and contact information of all interested parties and any counsel

who shall participate in the mediation;

(3) Names and information regarding any interested parties having diminished

capacity or a legal disability whose interests must be adequately

protected; and

(4) The scheduled date for the initial mediation conference.

(c) All interested parties shall execute an agreement for confidential mediation,

which is not inconsistent with this local rule, and which shall remain confidential.

(d) Mediation shall not delay the required filing of any pleading or ordered return

dates, or the scheduling of Court hearings, unless specifically requested by

joinder of the interested parties and so ordered by the Court.

(e) The Court will respect the confidentiality of the mediation process and the

mediator's obligation of confidentiality.

(f) Upon completion of mediation, all interested parties shall sign a memorandum

of principal terms, which either shall acknowledge that no resolution was

reached, or shall embody the resolutions attained. This memorandum of

principal terms shall clearly state partial resolutions or complete resolution

attained. The memorandum of principal terms shall include a list of unresolved

issues to be determined by the Court. Where appropriate, the principal terms

could provide for future review in light of changed circumstances or a change in

the operative facts. The memorandum of principal terms agreed upon, or the

statement of no resolution, shall be filed with the Court.

(g) In no event shall the terms agreed upon depart from or violate any provisions of

applicable law, specifically including the Older Adults Protective Services Act, the

Act of Dec. 18, 1996, P.L.1125, No.169 (35 P. S. § § 10225.101 — 10225.5102),

as may be amended.

(h) The interested parties may request that the Court approve the final mediated

agreement, which embodies the principal terms agreed upon in the

memorandum referenced above. The Court may grant approval in an order or

decree. Alternatively, the Court may recommend any changes that the Court

deems appropriate for approval. The parties to the mediation may accept the

Court's recommendations, in which event the terms agreed upon, as modified,

shall be approved, or the parties may decline to accept the Court's

recommendations, in which event the matter is deemed not to have resulted in

an agreement.