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PA Bulletin, Doc. No. 08-1796

THE COURTS

Title 255--LOCAL
COURT RULES

BUCKS COUNTY

Bucks County Orphans' Court Mediation Program; Administrative Order No. 53

[38 Pa.B. 5431]
[Saturday, October 4, 2008]

Order of Court

   The Court recognizes that the use of mediation may offer litigants a faster and less expensive alternative to litigation. Accordingly, in the interests of judicial economy and of those litigants who may benefit from the availability of mediation as a means of dispute resolution, the following program, which shall be known as the ''Bucks County Orphans' Court Mediation Program'' is hereby adopted:

   1.  Upon adoption of this program, any litigant who files an action in either the Orphans' Court or the Register of Wills of Bucks County that does not, under law, require an adjudication, will receive from the Clerk of the Orphans' Court or the Register of Wills, a mediation notice outlining the availability of mediation as an alternative to litigation. The Mediation Notice shall be in the form of a brochure which explains the Orphans' Court Mediation process and procedure.

   2.  If the filing party has an interest in mediation, then he or she shall provide a copy of the brochure upon all other parties to determine if the parties wish to mediate some or all of the disputed issues.

   3.  The parties electing mediation shall pay an initial mediation fee directly to the mediator to cover administrative costs and the fee for a two-hour mediation.

   4.  If mediation resolves the dispute, the parties shall terminate the legal proceedings and they may also file an Agreed Order with the Orphan's Court. If the matter has been assigned to an Orphans' Court Judge, the Judge may, in his discretion, require the parties and/or the mediator to provide the Court with such information as to the status of the mediation as the Judge may deem appropriate.

   5.  If the mediation does not resolve the dispute, any party may continue with litigation.

By the Court

DAVID W. HECKLER,   
President Judge

[Pa.B. Doc. No. 08-1796. Filed for public inspection October 3, 2008, 9:00 a.m.]


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