Referral of Cases
Civil Common Pleas cases are frequently referred to mediation prior to or during the scheduling conference scheduled by the Court. Cases may also be ordered to mediation during the course of any other court hearing or appearance. Cases can also be scheduled for mediation in the absence of a court order when there is an agreement to do so among all participants.
During the initial contact between the mediator and the attorneys or parties, issues such as the appropriate time frame for the mediation, the presence of necessary parties and other matters relevant to the mediation will be discussed.
Typically in these common pleas court cases, the attorneys and their clients are present during all scheduled sessions. As the mediation session begins, all participants are encouraged to relate the issues they believe to be important for consideration, to listen to information and contributions from other participants, and to respond as appropriate and desired. During the course of the mediation process, ideas and proposals for settlement of the case will be exchanged and evaluated by the participants together and in private meetings.
When an agreement as to the settlement of the case has been reached, a summary of the agreement is prepared during the session and signed by the participants. This agreement will be held in the mediation file until the final Judgment Entry, prepared by the attorneys, has been filed with the Court.