York Cnty. C.P. Local Rules of Orphans' Court Procedure Rule 1.6.1

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 party in interest has filed a Pleading before the Court, including an Account filed

by a fiduciary for audit.

(B) All interested parties in a matter docketed before the Court may file a motion to

engage in mediation at any time during the pendency of the matter.

(C) The motion for mediation 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, if known in

advance. Such mediation shall take place within 90 days of the request being made to the

Court, unless extended by order of Court upon motion of any interested party.

(D) All interested parties shall keep matters discussed in mediation confidential.

(E) Mediation shall not delay the required filing of any Pleading or ordered return

dates, or the scheduling of Court Hearings, unless specifically requested by interested

parties and so ordered by the Court.

(F) Within 20 days of completing mediation, all interested parties, or their counsel,

where appropriate, 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,

together with a petition to approve any agreement reached by the parties shall be filed with

the Clerk of the Orphans’ Court and a copy served on the presiding judge.

(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.