Mont. Cnty. Pa. 212.5

As amended through January 1, 2020
Rule 212.5 - Mediation

In all medical malpractice cases (and other cases deemed appropriate by the Court) in which a Praecipe for Trial Listing has been filed, the Court Administrator, in its discretion, or at the direction of the Court, may promptly refer the case to Mediation or a Settlement Conference under the direction of the Court as follows:

1. Trial counsel must attend the Mediation or Settlement Conference. No substitute counsel shall be permitted to attend in place of trial counsel.
2. Trial counsel must be authorized to discuss and conclude settlement at the Mediation or Settlement Conference. The parties or their insurance representatives shall be available either in person or by telephone if necessary to conclude settlement.
3. Notice of the date, time and place of the Mediation or Settlement Conference will be sent to counsel by the Court.
4. At least seven (7) days prior to the Mediation or Settlement Conference, counsel shall submit Pre-Conference Statements to the Court which shall contain all of the following:
a. A brief statement of the facts and events out of which the party's claim orcounterclaim arose or upon which the party's defense is based.
b. A brief summary of the known special damages the party has incurred to date,if applicable.
c. A list of witnesses who will testify at trial.
d. An estimate of the trial time required.
e. A statement of unusual legal issues presented, including significant questions of evidence.
f. A list of exhibits to be introduced at trial.
g. A statement of settlement negotiations to date, including the plaintiff's mostrecent demand and the defendant's most recent offer.
h. Expert reports shall be attached to the Pre-Conference Statements.

Mont. Cnty. Pa. 212.5