As amended through March 1, 2024
Rule 1940.3 - Order for Orientation Session and MediationA. If the parties are unable to reach an agreement at the custody conciliation conference, the parties may be ordered by the Court to attend a custody mediation orientation session. Custody mediation shall occur in accordance with Pa.R.C.P. 1940.1 et seq. The mediation may address any issues agreed to by the parties unless limited by court order.B. Should the parties consent to mediation and successfully reach an agreement, the mediator shall prepare a Memorandum of Understanding. The Memorandum of Understanding shall be forwarded to the Court. The Court may enter the agreed upon Memorandum of Understanding as a final order without hearing the parties. If the Court is satisfied that all pending issues are resolved in the Memorandum of Understanding, the Court shall cancel the pre-trial conference and custody trial based upon the parties' resolution. If it appears that there are remaining issues, the Court may schedule a conference, or refer the case back to the conciliator for further conference.C. Should parties fail to consent to mediation, or should the parties engage in mediation but fail to reach an agreement, the mediator shall notify the Court.D. No party shall be compelled to participate in a custody mediation orientation session in cases where any party, or a child of any party, is or has been the subject of domestic violence or child abuse allegedly perpetrated by an opposing party at any time within the preceding twenty-four (24) months.Added November 16, 2023 effective 1/2/2024.