Middle District of Pennsylvania
IN BRIEF
Process summary
Mediation.
The Middle District of Pennsylvania established a mediation program under its CJRA plan, effective January 1, 1994. See below.
Summary jury trial.
The summary jury trial has been authorized by local rule since 1988. One judge refers cases on a regular basis. Twelve cases were referred between January and September 1994.
Judicial settlement conferences.
At least one pretrial/settlement conference is held in each civil case. A judge other than the assigned judge conducts the conference. With the approval of the court, the parties may select the settlement officer, who may be a senior judge, a magistrate judge, or another neutral of the parties' choosing.
Of note
Obligations of counsel.
Attorneys are required to discuss ADR options with their clients and with opposing counsel and must be prepared to discuss ADR with the judge. They must also discuss in their case management statement or plan whether ADR is suitable for the case.
Information from court.
A brochure about the court's mediation program is available to counsel and litigants.
Evaluation.
As one of the ten comparison districts established by the CJRA, the Middle District of Pennsylvania is included in the RAND study of the pilot and comparison districts, which will be reported to Congress by the Judicial Conference in 1996.
For more information
Mary D'Andrea, Clerk of Court, 717-347-1795
IN DEPTH
Mediation in Pennsylvania Middle
Overview
Description and authorization.
The Middle District of Pennsylvania established a mediation program under its CJRA plan, effective January 1, 1994. Under the program, which was implemented in April 1994, every civil case is eligible for mediation. Referrals are made by the assigned judge on a case-by-case basis, either at the judge's initiative or by request of the parties. Party consent is not required. Attorney-neutrals trained in mediation techniques meet with the parties for in-depth settlement negotiations. The process is confidential and provided pro bono.
Number of cases.
Nineteen cases were referred between April and September 1994.
Case selection
Eligibility of cases.
Almost every civil case is eligible for mediation, although prisoner and pro se cases are generally not considered candidates for mediation. The assigned judge may also exclude cases on his or her own initiative or by party motion.
Referral method.
Cases are referred to mediation by the assigned judge on a case-by-case basis. The referral may be made on the judge's initiative or at the request of all parties. Party consent is not required.
Opt-out or removal.
The court's plan does not address this issue.
Scheduling
Referral.
The mediation referral is generally made after parties have engaged in or nearly completed discovery. An order of referral is entered setting the date, time, and place for the mediation session and appointing a mediator.
Written submissions.
When the order of referral is mailed, the clerk of court sends the mediator a copy of the docket sheet. The clerk provides copies of any documents in the case file requested by the mediator.
Mediation session.
The mediation session should take place within thirty days of the date of the order of referral. The mediator is authorized to change the date and time for the mediation session, provided the new date is within fifteen days of the date set in the order of referral. The mediation session takes place in a neutral setting designated by the mediator.
Number and length of sessions.
The duration and number of the mediation sessions vary with the case and mediator.
Program features
Discovery and motions.
Other activities in the case are suspended during the mediation process.
Party roles and sanctions.
Counsel primarily responsible for the case and any unrepresented party must attend the mediation session unless permitted by the mediator to participate by telephone. Willful failure to attend is reported to the court and may result in sanctions. Parties must be prepared to discuss all liability and damages issues, all equitable and declaratory remedies requested, and their settlement positions.
Outcome.
The mediator submits a statement to the assigned judge indicating whether the court's mediation requirements have been met and whether settlement was reached.
Confidentiality.
Information from the mediation session may not be used by any adverse party for any reason in the litigation.
Neutrals
Selection for case.
The mediator is randomly selected by the clerk of court from the roster established by the court.
Qualifications and training.
The chief judge certifies neutrals as necessary. Requirements to be certified include membership of the bar of the highest court of one's state for ten years; admission to practice in the district; determination by the chief judge of competence to serve as a mediator, and successful completion of the court's mediation training. A mediator may not be called on to serve more than twice a year without prior approval of the mediator. Mediators must attend a two-day training session in mediation process and skills sponsored by Dickinson College Law School.
Disqualification.
Mediators may be disqualified for bias or prejudice as provided by 28 U.S.C. § 144 and must disqualify themselves in any action in which they would be required to do so under 28 U.S.C. § 455 if they were a justice, judge, or magistrate judge.
Immunity.
The court has not addressed this issue.
Fees.
Mediators serve without compensation.
Program administration
The program is administered by the clerk's office.
Excerpted from
ADR and Settlement in the Federal District Courts: A Sourcebook for Judges & Lawyers, 1996,
a publication of the Federal Judicial Center and CPR Institute for Dispute Resolution