978 Adoption of local rules of civil procedure governing custody mediation orientation program; no. 0000000R

Title 255--LOCAL
COURT RULES

CHESTER COUNTY

Adoption of Local Rules of Civil Procedure Governing Custody Mediation Orientation Program; No. 00-00000R

[30 Pa.B. 2904]

   And Now, this 22nd day of May, 2000, the Court approves and adopts the attached Chester County Local Rules of Civil Procedure Governing Custody Mediation Orientation Program. These Rules shall become effective thirty (30) days from the date of publication in the Pennsylvania Bulletin.

   The Court Administrator is directed to publish this Order once in the Chester County Law Reporter and in the Legal Intelligencer. In conformity with Pa.R.C.P. 239, seven (7) certified copies of the within Order shall be filed by the Court Administrator with the Administrative Office of Pennsylvania Courts. Two (2) certified copies shall be distributed to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. One (1) certified copy shall be filed with the Domestic Relations Committee. One (1) copy shall be filed with the Prothonotary, one (1) copy with the Clerk of Courts, (1) one copy with the Court Administrator of Chester County, one (1) copy with the Law Library of Chester County and one (1) copy with each Judge of this Court.

By the Court

HOWARD F. RILEY, Jr.,   
President Judge

Rule *1940.3.  Order for Orientation Session and Mediation. Selection of Mediator.

   (a)  Except as provided in (c) below, in an action for custody, partial custody or visitation where an agreement is not reached and reduced to writing by the conclusion of the Custody Conciliation Conference, (see Local Rule 1915.5B) the parties upon recommendation by the conciliator may attend a two-hour custody mediation orientation session.

   (b)  An orientation session is an initial meeting between parties, and a mediator pursuant to Local Rule 1940.4 below, to educate the parties concerning the mediation process so that an informed choice can be made about continued participation in that process. The mediation is confidential at the point, if any, that mediation commences during, or after, the initial orientation session.

   (c)  An orientation session shall not be recommended if a party or a party's child is or has been the subject of abuse by either party within 24 months preceding the filing of the action.

Rule *1940.4.  Minimum Qualifications to be a Mediator Under Local Rule 1940.3.

   (a)  A mediator must meet the following minimum requirements:

   (1)  Hold a post-graduate level degree in law, or a mental health field such as psychiatry, psychology, counseling or family therapy;

   (2)  Have successfully completed basic training in a custody mediation program approved by the PBA, or the Academy of Family Mediators, or the Academy of Matrimonial Lawyers, or substantial equivalent;

   (3)  Provide written proof that Professional Liability Insurance covering mediation is maintained;

   (4)  Participation in a program offered by the Family Law Section of the Chester County Bar Association involving substantive law training, training concerning our local child custody procedures, and training concerning the local custody mediation orientation program, including reporting obligations;

   (5)  Continued compliance with the ethical standards and any continuing educational requirements of the PBA, or the Academy of Family Mediators, or the Academy of Matrimonial Lawyers, or substantial equivalent.

   (b)  Mediators shall submit an application and an application fee in the amount of $100.00. Mediators shall be required to renew their registration as a mediator annually and pay an annual renewal fee of $25.00.

   (c)  The Court shall have the authority to decertify any Chester County custody mediator who has not complied with any provision of these Rules.

Rule *1940.5.  Duties of Mediator.

   (a)  At the orientation session, the mediator must inform the parties in writing of the following:

   (1)  The costs of mediation;

   (2)  The process of mediation;

   (3)  That the mediator does not represent either or both of the parties;

   (4)  The nature and extent of any relationships with the parties and any personal, financial or other interests that could result in a bias or conflict of interest;

   (5)  That mediation is not a substitute for the benefit of independent legal advice; and

   (6)  That the parties should obtain legal assistance for drafting or reviewing any agreement.

   (b)  When proceeding from the orientation to mediating a custody dispute, the mediator shall ensure that the parties consider fully the best interests of the children.

   (c)  Only with the consent of the parties, the mediator may meet with the parties' children or invite other persons to participate in the mediation.

Rule *1940.6.  Termination of Mediation.

   (a)  Mediation, if undertaken after the initial orientation session, shall terminate upon the earliest of the following:

   (1)  A written agreement between the parties on all custody issues;

   (2)  A written agreement between the parties that mediation be terminated;

   (3)  A partial written agreement between the parties concerning custody issues and a determination by the mediator that further mediation will not resolve the remaining issues;

   (4)  A written determination by the mediator that the parties are unable to reach an agreement through mediation or that the proceeding is inappropriate for mediation; or

   (5)  A refusal of one of the parties to continue with the mediation.

   (b)  If the parties reach a complete or partial agreement, the mediator shall promptly prepare and transmit to the parties and their attorneys, if any, a Memorandum setting forth the terms of the parties' agreement. In no event shall any such Memorandum be binding on the parties unless and until it is incorporated into a written agreement signed by the parties.

   (c)  The mediator may mediate subsequent disputes between the parties, but shall not act as attorney, counselor, or psychotherapist for any party either during or after the mediation of a custody action, or in any matter which was the subject of mediation.

   (d)  The mediator is prohibited from instructing either of the parties to sign any Memorandum Agreement. No mediator drafted Memorandum shall be submitted to the Court in any proceeding, nor is such admissible as evidence in the absence of a written Agreement signed by the parties.

Rule *1940.7.  Confidentiality of Mediation Subsequent to Initial Orientation Session.

   42 Pa.C.S.A. § 5949 shall govern confidentiality and admissibility issues.

Rule *1940.8.  Mediator Compensation.

   Mediators shall be compensated for their orientation services at the rate of $75.00 per hour. Unless otherwise ordered, the rate established for the custody mediation orientation session shall be divided between the parties.

Rule *1940.9.  Sanctions.

   On its own motion or the motion of a party, the Court may impose sanctions against any party or attorney who fails to comply or causes a party not to comply with these mediation rules. Sanctions may include an award of mediation costs and attorney's fees, including those incurred in the filing and presentation of the motion for sanctions, as well as a finding of contempt. A hearing on a Custody Complaint or Petition shall not be delayed, however, by a party's refusal or failure in attending the mediation orientation sessions.

Rule *1040.10.  Evaluation of Custody Mediation Orientation Program.

   (a)  The Court [or its designee] may evaluate the mediation orientation program annually.

   (b)  The President Judge may appoint a judge of the Court to oversee and implement the program consistent with local Court Rules, including, but not limited to, implementing and monitoring the program consistent with Paragraph (a) above.

Rule *1040.11.  Certificate of Compliance.

   A certificate of compliance shall be filed by the mediator with the Prothonotary's Office, confirming compliance. Such certificate shall reflect only that such party or parties have complied with these Rules without further detail (see 42 Pa.C.S.A. § 5949).

Rule *1040.12.  Available List of Mediators.

   The Family Court Administrator shall maintain and make available to all parties and counsel in the Family Court Administrator's Office a list of custody mediators who have satisfied the requirements of Local Rule 1940.4. Such list shall include, at a minimum, the names, addresses and the schedule of fees for mediation services.

[Pa.B. Doc. No. 00-978. Filed for public inspection June 9, 2000, 9:00 a.m.]