Rule 212.7 - Washington County Civil Litigation Mediation Program(a) In the discretion of the assigned Judge, cases listed for trial shall be submitted to the Washington County Civil Litigation Mediation Program. This rule shall not apply to asbestos cases, cases ordered to private mediation under this rule, or professional liability cases. The selection of a case for mediation shall not delay any scheduled trial of the matter.(b) The mediators shall be practicing attorneys that are members of the Washington County Bar Association, with an emphasis in their practice on civil litigation. A list of mediators shall be maintained by the District Court Administrator, and be selected by the Court in consultation with the Washington County Bar Association. The parties may agree to a particular mediator from the list.(c) Upon appointment, the mediator shall schedule the mediation within sixty (60) days of the order of court. The attendance, in person, is mandatory of trial counsel, the parties, and the representative of the defendant's insurance carrier, with authority to enter into a full and complete compromise and settlement. If trial counsel, the parties, or a representative fail to appear, absent good cause, the mediation will not be held and sanctions, upon request of the mediator, shall be entered against the non-appearing individual(s) by the Court. Sanctions may include an award of reasonable mediator and attorney's fees and other costs associated with the failure to appear.(d) At least seven (7) days prior to the mediation, each party shall file, with the mediator, a mediation statement which must include the following: (1) a succinct explanation of liability and damages; (2) significant legal issues that remain unresolved;(3) a summary of medical and expert reports (if applicable);(4) an itemized list of damages; and(5) settlement posture and rationale.(1) This requirement shall be deemed satisfied if a party has previously filed a pretrial statement pursuant to rule of court, in which case the mediation statement shall only provide updated or additional information.(2) Failure to file a mediation statement may result in sanctions, if requested by the mediator.(f) Each party to a case selected for mediation shall pay a mediation fee to be made payable to the County of Washington and submitted, for processing, to the Office of the Court Administrator. The mediation fee shall be set by administrative order, and information regarding the fee shall be available in the Office of the Court Administrator.(g) If the case has not been resolved, within ten (10) days from the date of the mediation, the mediator shall send the Court a report setting forth the following information: (1) the mediator's assessment of liability;(2) the mediator's assessment of damages;(3) the mediator's opinion regarding the potential range of a verdict and the settlement value of the case;(4) Plaintiff's final settlement demand;(5) Defendant's final settlement offer; and(6) the mediator's recommendation regarding settlement of the case. A copy of the report shall be provided to and maintained by the Court Administrator until the case is closed.(h) If the case is resolved and a settlement agreed upon, the mediator shall send a letter to the Judge, with copies to counsel and the Court Administrator.(i) The mediator shall not be subpoenaed or requested to testify or produce documents by any party in any pending or subsequent litigation arising out of the same or similar matter. Any party, person, or entity that attempts to compel such testimony or production shall be liable to and indemnify the mediator and other protected participants for all reasonable costs, fees and expenses. The mediator shall have the same limited immunity as judges pursuant to the applicable law as it relates to common pleas judges. Comment: Confidentiality of mediation communications and mediation documents are subject to the protections and exceptions prescribed in 42 Pa. Con. Stat. § 5949.
(j) Notwithstanding the preceding subsections and Wash.L.R.C.P. 1042.1-1042.20, the Court may in its discretion submit a civil case for an alternative dispute resolution ("ADR") before a private mediator/arbitrator. The method of selection of the private mediator shall be in the discretion of the Court. All parties shall bear equally the costs of any Court-ordered ADR, unless otherwise agreed upon; provided, however, that the Court will take appropriate steps to assure that no referral to ADR results in an unfair or unreasonable economic burden on any party. (1) The method of ADR shall be in the discretion of the private mediator/arbitrator.(2) The fact that a case is selected for ADR shall not delay the scheduled trial of a case.(3) Nothing in this rule shall prevent the parties from voluntarily engaging in ADR before a private mediator/arbitrator on their own initiative. Amended effective 1/1/2022 When selecting a case for ADR before a private mediator, the Court shall consider various criteria, including the nature of the claims involved and their complexity, whether any of the litigants is pro se, the potential for a successful resolution, and the interests of justice.