Washington Cnty. C.P. Local Rules of Civil Procedure (Updated August 1, 2025) Rule 212.7

(1) In the discretion of the assigned Judge, cases listed for trial shall be submitted to the

Washington County Civil Litigation Mediation Program. This rule shall not apply to

asbestos cases, cases ordered to private mediation under this rule, or professional liability

cases. The selection of a case for mediation shall not delay any scheduled trial of the matter.

(2) The mediators shall be practicing attorneys that are members of the Washington County

Bar Association, with an emphasis in their practice on civil litigation. A list of mediators

shall be maintained by the District Court Administrator. The parties may agree to a

particular mediator from the list.

(3) Upon appointment, the mediator shall schedule the mediation within sixty (60) days of

the order of court. The attendance, in person, is mandatory of trial counsel, the parties, and

the representative of the defendant's insurance carrier, with authority to enter into a full

and complete compromise and settlement. If trial counsel, the parties, or a representative

fail to appear, absent good cause, the mediation will not be held and sanctions, upon request

of the mediator, shall be entered against the non-appearing individual(s) by the Court.

Sanctions may include an award of reasonable mediator and attorney’s fees and other costs

associated with the failure to appear.

(4) At least seven (7) days prior to the mediation, each party shall file, with the mediator, a

mediation statement which must include the following: (1) a succinct explanation of

liability and damages; (2) significant legal issues that remain unresolved; (3) a summary

of medical and expert reports (if applicable); (4) an itemized list of damages; and (5)

settlement posture and rationale.

(a) This requirement shall be deemed satisfied if a party has previously filed a pre-trial statement pursuant to rule of court, in which case the mediation statement shall

only provide updated or additional information.

(b) Failure to file a mediation statement may result in sanctions, if requested by the

mediator.

(5) Each party to a case selected for mediation shall pay a mediation fee to be made payable

to the County of Washington and submitted, for processing, to the Office of the Court

Administrator. The mediation fee shall be set by administrative order, and information

regarding the fee shall be available in the Office of the Court Administrator.

(6) If the case has not been resolved, within ten (10) days from the date of the mediation,

the mediator shall send the Court the following information:

(a) The mediators assessment of liability;

(b) the mediators assessment of damages;

(c) he mediators opinion regarding the potential range of a verdict and the

settlement value of the case;

(d) the Plaintiff’s settlement offer; and

(e) the mediator's recommendation regarding settlement of the case. A copy of the

report shall be provided to and maintained by the Court Administrator until the case

is closed.

(7) If the case is resolved and a settlement agreed upon, the mediator shall send a letter to

the Judge, with copies to counsel and the Court Administrator.

(8) The mediator shall not be subpoenaed or requested to testify or produce documents by

any party in any pending or subsequent litigation arising out of the same or similar matter.

Any party, person, or entity that attempts to compel such testimony or production shall be

liable to and indemnify the mediator and other protected participants for all reasonable

costs, fees and expenses. The mediator shall have the same limited immunity as judges

pursuant to the applicable law as it relates to common pleas judges.

Comment: Confidentiality of mediation communications and mediation documents are subject to

the protections and exceptions prescribed in 42 Pa. Con. Stat. § 5949.

(9) Notwithstanding the preceding subsections and Wash.L.R.C.P. 1042.1-1042.20, the

Court may in its discretion submit a civil case for an alternative dispute resolution (“ADR”)

before a private mediator/arbitrator. The method of selection of the private mediator shall

be in the discretion of the Court. All parties shall bear equally the costs of any Court-ordered ADR, unless otherwise agreed upon; provided, however, that the Court will take

appropriate steps to assure that no referral to ADR results in an unfair or unreasonable

economic burden on any party.

(a) The method of ADR shall be in the discretion of the private mediator/arbitrator.

(b) The fact that a case is selected for ADR shall not delay the scheduled trial of a

case.

(c) Nothing in this rule shall prevent the parties from voluntarily engaging in ADR

before a private mediator/arbitrator on their own initiative.

Note: When selecting a case for ADR before a private mediator, the Court shall consider various

criteria, including the nature of the claims involved and their complexity, whether any of the

litigants is pro se, the potential for a successful resolution, and the interests of justice.