1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(4) The mediator shall not be called to testify as to what transpired in the mediation.
H. Within five (5) days of the conclusion of the mediation, the mediator shall submit to the court directly a written report that includes the caption and case number, the date of the mediation, whether any follow up is scheduled, whether the case settled in whole or in part, and any stipulations the parties agree may be disclosed, and whether the parties participated in good faith.
Mediation is a flexible, non-binding, confidential process (See 42 Pa. C.S. § 5949) in which a neutral person (the mediator), selected by the parties, facilitates settlement negotiations. The mediator improves communication across party lines, helps parties articulate their interests and understand those of their opponent, identifies issues and helps generate options for a mutually agreeable resolution to the dispute. A hallmark of mediation is its capacity to expand traditional settlement discussion and broaden resolution options, often by exploring litigant needs and interests that may be formally independent of the legal issues in controversy.
All named parties and their counsel are required to attend the mediation. This requirement reflects the court's view that the principal values of mediation include affording litigants opportunities to articulate directly to the other parties their positions and interests and to hear, firsthand, their opponent's version of the matters in dispute. Mediation also enables parties to search directly with their opponent for mutually agreeable solutions.
This rule amendment shall become effective after all the provisions of the Pennsylvania Rules of Civil Procedure are met, to include the following: