Recent Court Decisions and Statutes
Pennsylvania Governor Tom Ridge Signs Mediation Confidentiality Bill
On February 7, 1996, Pennsylvania Governor Tom Ridge (R) signed Senate Bill 619 into law. This law -- which is now known as Act 1996-3 -- provides for the confidentiality of mediation documents and communications, with limited exceptions. This means that in most situations these documents and communications will be considered privileged in court proceedings, and will be inadmissible at trial. The full text of Act 1996-3 is here.Changes in the Pa. RPC
Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
The title of this rule has been changed from Former Judge or Arbitrator or Law Clerk. The amendments adjust the scope of this rule to include a "third-party neutral." This is a useful clarification and reflects the current practice of lawyers serving as arbitrators, mediators and other third-party neutrals.
The text of the rule has been amended to replace the phrase "consent after disclosure" with the phrase "give informed consent." Under the new rule, a lawyer who has served as the mediator or arbitrator may not later represent a party in a matter unless all parties give their informed consent. Subparagraph (2) of paragraph (c), which permits screening, has been amended to extend the written notice requirement to "parties" in addition to the "appropriate tribunal." There are also additions to the comment in new paragraphs [2] through [5].
Rule 2.4 Lawyer Serving as Third-Party Neutral
This new rule recognizes a trend in the practice involving lawyers serving as mediators. Among other things, the rule stipulates that a lawyer assisting unrepresented parties must make clear that he or she is not representing them. (There is also an addition to the comment to Rule 2.1 that addresses ADR).
