Rule 1940.5 - Duties Of Mediator(a) The child custody mediator shall ascertain the issues in the action through discussion with the attorneys and/or the parties. He/she shall not take testimony and the mediation shall not be of record. Rather, the mediator shall attempt to determine the relevant facts through discussion and shall suggest or recommend a proposed settlement.(b) The mediation procedure shall at all times be in the sole discretion of the child custody mediator, in accordance with applicable rules of court.(c) When the child custody mediator determines that the parties have reached full agreement concerning the matter, he/she shall immediately have the parties and their attorneys report to the court administrator. The court administrator shall make a member of the court staff available to prepare a consent order, which shall be dictated either by the attorneys or by the mediator. Upon preparation and execution thereof the same shall be submitted to the court for approval and signature.(d) If the parties can reach only partial agreement concerning the action, the child custody mediator in his/her discretion may dictate a consent order covering the partial agreement and refer the disputed areas to the court for decision, or may refer the entire action to the court for decision. The child custody mediator may further, in his/her discretion, dictate a consent order based upon the submission of a written stipulation executed by the attorneys and/or the parties.(e) If, when the mediation is called, one party does not appear either personally or by counsel, the mediator shall ascertain whether service and notice of the mediation have been made upon the non-appearing party. If service and notice have been made, the mediator may, in his/her discretion, dictate an order granting the relief requested by the appearing party. If no party appears either personally or through an attorney, the mediator shall submit a report to the court, together with a proposed order to dismiss the action, in which event costs shall be assessed and collected.(f) If it appears to the mediator that psychological evaluations and/or home studies are needed for ultimate resolution of the matter, he/she shall report that decision to the court. The court will then decide whether to issue an order of court directing such psychological evaluations and/or home studies. The costs of such evaluations and/or home studies shall be paid equally by the parties unless for cause shown the court directs otherwise.(g) In those actions where the parties cannot reach agreement, the mediator shall prepare and file a report pursuant to Pa.R.C.P. 1940.6.(h) With the consent of the parties, the mediator shall state in the report a concise summary of the mediation, including the background of the action, the allegations of the parties concerning the areas of dispute, and the recommendations, if any, of the mediator concerning disposition. The mediator shall attach any evaluation reports and home studies to such report. The report shall also include pre-trial information, which the attorneys shall be prepared to provide to the child custody mediator, such as lists of witnesses, exhibits, and stipulations, and an estimate of trial time.(i) A proposed order setting the matter for a pre-hearing conference before the court and requiring the filing of pre-hearing statements at least seven (7) days before the pre-hearing conference shall be attached to any report submitted by the mediator.Amended effective 7/1/2005.