otherwise ordered by court, all discussions which occur during mediation shall remain strictly confidential and no communication during any mediation session (including, without limitation to, any verbal, nonverbal, or written communication which refers or relates to mediation of the pending litigation) shall be disclosed to any person not involved in the mediation process, except to the court. These communications shall not be admissible at trial and no aspect of the mediation session shall be used by anyone for any reason.
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.