Dauphin Cnty. C.P. Rule 1001 - Mediation

RULE 1001 MEDIATION

a. General Applicability

Every civil action, except protection from abuse matters, filed in the

Dauphin County Court of Common Pleas is 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 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 Dauphin County Local Rule 215.3

shall include a discussion of the likely success of mediation and the appropriate

point in the life of that case for mediation session(s) to be scheduled.

c. Certifications in Non-Jury Civil Trials, Civil Jury Trials and Cases Subject

to Arbitration

All pre-trial conference memoranda filed in accordance with Dauphin

County Local Rule 212.2 shall include certification by the attorney submitting

same that mediation has been previously pursued or, if mediation has not been

pursued, that the topic of mediation was discussed by not only counsel with their

clients but also by all counsel and/or pro se parties and rejected only after good

faith consideration. Likewise, certificates of readiness filed with the Court

Administrator listing a case for a Non-Jury Civil Trial, a Civil Jury Trial or

Arbitration shall contain a similar certification that mediation was pursued or, if

not, was the subject of good faith consideration by counsel and all parties.

d. Mediation Programs

Parties and their attorneys are encouraged to use mediation to resolve

disputes either through the Civil Dispute Resolution Program administered by the

Dauphin County Bar Association or any other mediation program acceptable to

the parties.

Comment:

Parties and their attorneys are encouraged to use mediation as a means

to bring disputes to conclusion economically and expeditiously. While mediation

is voluntary, the Court may feel strongly that the use of mediation will conclude

pending litigation. Parties and their attorneys are urged to accept the advice of

the Court when mediation is suggested as a means to resolve the case.

The Court may recommend that the parties in any civil case, except

protection from abuse matters, utilize mediation or other alternative dispute

resolution processes, including, but not necessarily limited to, services offered by

the Civil Dispute Resolution Program as administered through the Dauphin

County Bar Association whenever it appears to the judge presiding in such case

that mediation or other alternative dispute resolution processes are likely to

resolve the case.

An issue may arise regarding insurance policies, and particularly

professional negligence policies, wherein ultimate approval of a settlement rests

with the insured. The use of mediation may lead parties to evaluate their

positions and achieve a mutually acceptable resolution. This rule cannot rewrite

an insurance contract, but participation in mediation may educate all interests

with respect to the merits of resolving a pending dispute without protracted

litigation. All parties should come to the mediation process with appropriate

motivations. The process should be used in good faith; for example, it should not

be used as an alternative means for discovery.

It is anticipated that the Pennsylvania Supreme Court may enact rules

directing certain types of cases to use alternative dispute resolution processes,

including mediation, as a prerequisite step for certification prior to trial. This rule

is adopted in anticipation of such and will be amended to comply with the

mandates of any future rules adopted by the Pennsylvania Supreme Court.