Berk. Cnty. Pa. 1915.26

As amended through May 6, 2024
Rule 1915.26 - Conciliation Conference
(a) The court shall refer all actions for custody of minor children to a Custody Conciliator for purposes of a conciliation conference. Applicable Pennsylvania and local Mediation Rules shall be followed.
(b) The Custody Conciliator shall be an attorney of law authorized to practice before the Supreme Court of Pennsylvania and shall be appointed to such position by the Board of Judges of the Court of Common Pleas of Berks County. The Custody Conciliator shall not practice family law before a Judge, conference officer, or hearing officer employed in the same Judicial District.
(c) The Custody Conciliator shall attempt to mediate the differences between the parties, encourage amicable resolution of those differences and may recommend mediation, counseling services or physical and mental examinations of persons under Pa.R.C.P. 1915.8. The Custody 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 the Court.
(d) The Custody Conciliator may conduct an informal hearing, take testimony of the parties under oath, and hear the position of the parties relative to custody. The Custody Conciliator shall have the right to conduct oral examination of the child who is the subject matter of the proceeding. No other witnesses shall be permitted, except in extreme cases, and at the discretion of the Custody Conciliator. The testimony shall not be recorded or transcribed. The Custody Conciliator shall not be bound by technical rules of evidence and all evidence of reasonably probative value may be received. The Custody Conciliator shall consider the Court-Ordered written evaluations of experts. The hearing shall not be considered a hearing of the type permitted by Pa.R.C.P. 1915.4-1 but shall be considered an extension of the conciliation process.
(e) The hearing shall be concluded on the date fixed for the hearing, except that the Custody Conciliator may continue the hearing to a date certain for good cause shown, or to obtain investigative or evaluative reports from a social service agency or private providers.
(f) Any investigative or evaluative reports ordered and obtained shall be considered by the Custody Conciliator.
(g) If a written settlement is not reached, by stipulation, the Custody Conciliator shall file a recommended order. At the discretion of the Custody Conciliator the Conciliator may also file findings of fact, conclusions of law and a written report.
(h) Notice of the Custody Conciliator's findings of fact, conclusions of law and/or recommended order shall be served on counsel of record, parties without counsel of record, and on any other persons without counsel of record who were given notice of the hearing before the Custody Conciliator. The notice shall state that each party has twenty (20) days from the date of notice to file written exceptions with the Prothonotary to the findings of fact, conclusions of law or recommended order, and that upon failure to file such exceptions within twenty (20) days, the recommended order of the Custody Conciliator will be submitted to the Court for entry as an Order of Court.

Berk. Cnty. Pa. 1915.26

Amended effective 2/12/2018 ; amended effective 7/9/2019; amended effective 3/14/2020.