• Participation in Custody Conciliation Process. Conduct of the Conciliator, Parties and Attorneys.
  • Only the parties to the action and their legal counsel shall be present for the conciliation conference. Unless ordered by the court for good cause shown, children should not be brought to the conciliation conference and shall not be heard on the issues by the conciliator.
  • The parties, counsel and the conciliator shall make a good-faith effort to resolve the issues and reach a partial or full agreement regarding the issues. The conciliator shall conduct the conference as an informational and conciliatory proceeding rather than confrontational or adversarial. All parties and counsel must participate in conferences in a cooperative manner and shall adhere to the directives of the conciliator. The conciliator shall attempt to mediate the differences between the parties, encourage amicable resolution of those differences. The conciliator shall attempt to negotiate a settlement by stipulation in writing, signed by the parties and counsel, for approval and entry as an order of court. Prior to agreeing to a custody order the conciliator shall permit the parties to consult with their counsel of record.
  • Statements made by the parties or their attorneys at the conciliation conference shall not be admissible as evidence at a later custody proceeding. The custody conciliator shall not be a witness for or against any party.
  • An attorney who attends a conciliation conference with a client shall participate in accordance with the following standards:
  • Attorneys shall fully cooperate with the efforts of the custody conciliator to facilitate the agreement of the parties;
  • Attorneys shall at all times behave in a manner consistent with the Rules of Professional Conduct and refrain from engaging in hostile or antagonistic conduct;
  • Attorneys shall advise their clients in a manner not disruptive of the conciliation process and shall be permitted to confer with the client privately outside of the conference room;
  • Attorneys shall not attempt to question the other party, present evidence or engage in conduct characteristic of any adversarial proceedings;
  • At any time during the conciliation process the conciliator may terminate the proceedings and refer the case to the presiding judge for further action.
  • Bypass Custody Conciliation Conference. A party may file a motion to bypass the custody conciliation conference. A motion to bypass the custody conciliation conference may be granted by the presiding judge in limited circumstances wherein:
  • There are complex questions of law, fact, or both;
  • Where a Protection from Abuse Order is in effect between the parties pursuant to Pa.C.S.A. § 6101;
  • There are serious allegations affecting the child's welfare; or