Section 1042.21. Medical Professional Liability Actions. Motion for Settle ment Conference or Mediation

(a) Prior to the exchange of expert reports in a medical professional liability action, a health care provider may file a motion with the court requesting a settlement conference or court ordered mediation.

(1) If the motion is filed without the consent of all other parties, the moving party shall certify that it believes there is a realistic possibility of settlement.

(2) If the motion requests court ordered mediation, the moving party shall describe in the motion the mediation which is sought and shall pay for the mediation.

(b) The court shall consider any objection to the motion before entering an order.

Official Note

See Section 5101.1(c) of the Judicial Code, 42 Pa.C.S. § 5101.1(c), for the definitions of ‘‘health care provider’’ and ‘‘medical professional liability action.’’

The provisions of this Rule 1042.21 adopted March 29, 2004, effective immediately, 34 Pa.B. 1926.