Pennsylvania
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Pennsylvania. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Pennsylvania can be found in RSI’s Research Library and in Reports below.
State Legislation
- Pennsylvania Statutes Title 23, Chap. 39: Domestic Relations: Mediation Programs
- Pennsylvania Statutes Title 28, Chap. 9, Section 9.711: Informal dispute resolution systems and alternative dispute resolution systems
- Pennsylvania Statute Title 42, Chap. 59, Section 5949: Confidential mediation communications and documents
- Pennsylvania Statute Title 42, Chap. 73C: Judicial Arbitration
Statewide Court ADR Rules and Policies
- Court of Common Pleas of Philadelphia County Joint General Court Regulation No. 2008-01: Residential Mortgage Foreclosure Diversion Pilot Program
- Pennsylvania Rules of Civil Procedure No. 1300: Compulsory Arbitration
- Pennsylvania Rules of Civil Procedure No. 1940.1-9: Voluntary Mediation in Custody Actions
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Pennsylvania Statutes Title 28, Chap. 9, Section 9.711: Informal dispute resolution systems and alternative dispute resolution systems
Pennsylvania Legislature. Jan. 1, 2018Resource Type: Legislation
Abstract: Under this statute, a health care provider may agree to use ADR to review and resolve disputes between health care providers. ...
Pennsylvania Statutes Title 23, Chap. 39: Domestic Relations: Mediation Programs
Pennsylvania General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: This chapter authorizes the court to establish mediation programs for divorce or custody disputes. It stipulates that cases will only go through mediation if the parties consent to it after attending a mediation orientation session. The chapter direc...
Pennsylvania Statute Title 42, Chap. 59, Section 5949: Confidential mediation communications and documents
Pennsylvania General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: Under this statute, mediation communication and documents are confidential, with some exceptions. ...
Pennsylvania Statute Title 42, Chap. 73C: Judicial Arbitration
Pennsylvania General Assembly. Jan. 1, 2018Resource Type: Legislation
Abstract: Under section 7361, civil matters except for cases involving title to real property or cases whose amount in controversy is more than $50,000 must be submitted to arbitration. Under section 7362, civil cases may be referred to arbitration by party co...
Rules
Court of Common Pleas of Philadelphia County Joint General Court Regulation No. 2008-01: Residential Mortgage Foreclosure Diversion Pilot Program
Apr. 16, 2008Resource Type: Rules - Court
Abstract: This regulation requires parties to all mortgage foreclosure cases involving owner-occupied residential properties to participate in a conciliation conference prior to foreclosure. During the conciliation conference, borrowers and lenders work with c...
Pennsylvania Rules of Civil Procedure No. 1940.1-9: Voluntary Mediation in Custody Actions
Supreme Court of Pennsylvania . Oct. 28, 1999Resource Type: Rules - Court
Abstract: These rules apply to all court-established custody mediation and court-ordered custody mediation cases. These rules cover minimum qualifications for custody mediators, duties of mediators, and the mediation process. ...
Pennsylvania Rules of Civil Procedure No. 1300: Compulsory Arbitration
Supreme Court of Pennsylvania. March 16, 1981; amended November 2, 2007Resource Type: Rules - Court
Abstract: These rules provide guidelines for local compulsory arbitration programs. Each local court may determine which cases are eligible for arbitration. The court must maintain a list of qualified arbitrators. The rules also outline procedures for scheduli...
Reports
An Examination of BARJ Services in Four Pennsylvania Counties
Lemmon, John H . Apr. 1, 2012Resource Type: Evaluation
Abstract: Juvenile offenders benefit from pro-social and moral development skills services, according to this study of Balanced and Restorative Justice (BARJ) initiatives in Pennsylvania. The study examined demographic and other characteristics of 400 juvenile...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month
Kulp, Heather Scheiwe. Aug. 1, 2011Resource Type: Report
Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Philadelphia Residential Mortgage Foreclosure Diversion Program: Initial Report of Findings
Goldstein, Ira; Weidig, Colin. Jun. 11, 2001Resource Type: Evaluation
Abstract: This study looked at the broad impact that Philadelphia's mortgage foreclosure mediation program is having on the foreclosure process overall, the efficiency of the courts, and the sustainability of agreements that result in homeowners keeping their ...
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
It's Time We Talked: Mandatory Mediation in the Foreclosure Process
Jakabovics, Andrew; Cohen, Alon. Jun. 1, 2009Resource Type: Report
Abstract: This report from June 2009 calls for federal government to play an active role in promoting mandatory foreclosure mediation programs across the country. The authors review the foreclosure mediation programs currently in place in Connecticut, Pennsylv...
Guide for Implementing the Balanced and Restorative Justice Model
Office of Juvenile Justice and Delinquency Prevention . Dec. 1, 1998Resource Type: Report
Abstract: The Balanced and Restorative Justice (BARJ) Project was established in 1993 and emphasizes an alternative philosophy called restorative justice (RJ). This model concentrates on making amends and involving the offender, victim and community in resolvi...
An Evaluation of Mediation and Early Neutral Evaluation Under the Civil Justice Reform Act
Kakalik, James S.. Jan. 1, 1996Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: Examines the implementation, costs, and effects of mediation and early neutral evaluation programs for civil cases in six federal district courts with CRJA pilot programs. The districts studied were: California (Southern), New York (Eastern), New Yor...
Mediation in Court-Based Systems: More Variations than Similarities
Mastrofski, Jennifer Adams. Negotiation Journal, Jul. 1, 1990Resource Type: Study
Abstract: This article reports findings from a study conducted in six Pennsylvania counties that had court-connected mediation programs for custody disputes....
Evaluation of Court-Annexed Arbitration in Three Federal District Courts
Lind, Allan; Shapard, John E.. Sep. 1, 1983Resource Type: Evaluation
Abstract: This is a report of the evaluation of three federal mandatory arbitration programs, which were piloted in the Eastern District of Pennsylvania, the Northern District of California, and the District of Connecticut. The information was compiled by dist...
Simple Justice: How Litigants Fare in the Pittsburgh Court Arbitration Program
Jane W, Adler, Deborah R. Hensler, Charles E. Nelson. Rand Institute for Civil Justice, Jan. 1, 1983Resource Type: Study
Abstract: This report profiles the authors' study of the Pittsburgh Common Court of Pleas' court-administered arbitration of small claims and its effects on the litigants. The study sought to answer three question: 1) How does the Pittsburgh system achieve its...
Contacts
Philadelphia Residential Mortgage Foreclosure Diversion Program
Philadelphia County, Pennsylvania, Court of Common Pleas. Apr. 1, 2008Resource Type: Program
Abstract: The Philadelphia County Court of Common Pleas established the Residential Foreclosure Diversion Program in 2008 in response to a growing number of residential foreclosures in the county. Under the program, all lenders and borrowers involved in reside...