Lehigh Cnty. C.P. Civil Court Local Rules Rule 212.4

Settlement conferences in civil cases may be conducted through a court supervised

"Lawyer Mediation Program."

(a) Appointment of Mediators.

Lawyer mediators shall be selected at the sole discretion of the judges of the civil

division.

(b) Assignment of Cases for Mediation.

(1) The judge to whom a civil case has been assigned may in his or her

discretion, assign a case to a lawyer mediator to conduct a settlement

conference.

(2) Any litigant involved in a pending civil action can request that the case be

submitted to a lawyer mediator to conduct a settlement conference;

however, the assignment of the case to a lawyer mediator is at the sole

discretion of the trial judge. All such requests must be made on written

motion submitted in accordance with rules of this court governing motions

practice. In the event a case has not been listed for trial, no motion for the

appointment of a lawyer mediator to conduct a settlement conference will

be considered by the court except on stipulation of all parties to the action.

(3) The lawyer mediator assigned to conduct the settlement conference shall

be determined at the sole discretion of the trial judge.

(c) Duties.

It shall be the responsibility of the lawyer mediator to conduct settlement conference(s) in

the case to which he or she is assigned.

(d) Notice.

(1) When the trial judge assigns a case to a lawyer mediator to conduct a

settlement conference, the parties will be notified by the court

administrator’s office of the identity and business address of the lawyer

mediator. Upon notification of the appointment of the lawyer mediator it

shall be the responsibility of each attorney of record to promptly contact

the lawyer mediator and advise him/her of dates on which the attorney is

available to attend a settlement conference. The date for the settlement

conference shall be selected by the lawyer mediator based upon

availability of all counsel of record. Settlement conferences conducted by

the lawyer mediator will be held at a location determined by the lawyer

mediator.

(2) In the event a case is assigned to a lawyer mediator for settlement

conference, at least seven (7) days prior to the conference, counsel shall

provide the lawyer mediator with the following information:

i. A copy of all pre-trial conference statements previously filed by

that party.

ii. A copy of all expert reports (relating to liability as well as

damages) in the possession of that party and which the party

intends to use at the time of trial;

iii. While it is not necessary that a complete set of all medical records

be provided to the lawyer mediator in advance of the pre-trial

conference, any party to the action may in their discretion provide

relevant portions thereof which may be of assistance to the lawyer

mediator in conducting the conference and making

recommendations;

iv. Any other information that counsel deems important for the proper

evaluation of the case including, but not limited to, any "settlement

brochure", photographs, digests of relevant depositions, etc.

(e) Settlement Conferences.

(1) Only trial counsel shall appear at any settlement conference held before a

lawyer mediator.

(2) Trial counsel for each and every party to the action shall appear at the

date, time and location set for settlement conference, which conference

shall continue until adjourned by the lawyer mediator.

(3) Trial counsel shall have their respective clients available by telephone at

the time of the conference in order to actively pursue settlement.

(4) No ex parte communications shall take place between the lawyer mediator

and counsel for the litigants without consent of all parties to the litigation.

Where a case is to be tried by jury, all offers/demands of settlement will

be communicated to the trial judge unless counsel specifically request that

the offers or demands not be divulged. Where a case is to be tried non-jury, demands/offers of settlement will not be communicated to the judge.

(5) Within five (5) days following each settlement conference, the lawyer

mediator shall submit to the court administrator’s office a written report in

the format approved by the court provided to the lawyer mediator by the

civil court coordinator at the time of appointment, which report shall

identify the parties to the litigation, their counsel, whether any attorney

failed to appear, offers/demands of settlement (except as provided in (e)

(4) above), recommendations of the lawyer mediator, whether the case

settled and/or the possibility of settlement, and whether additional

involvement of the lawyer mediator is necessary to effectuate settlement.

(f) Failure to Act in Good Faith.

Failure to abide by these rules or to refuse to act in good faith with regard to settlement

conferences may result in sanctions by the court.