Mediation Through the Office of Administrative Law Judge

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Mediation is a flexible program designed to informally help parties resolve disputes. Parties agree to work together toward a final resolution, considering how any solution must address the interests of all parties. The mediator is a neutral person who does not represent the parties, advise them, evaluate the case, or make a decision. Instead, the mediator assists the parties in reaching their own mutually acceptable agreement. This means that the parties themselves control the outcome, as opposed to having the outcome determined by an adjudicator, such as an Administrative Law Judge (ALJ) or the Commission. Mediation is voluntary and parties must consent to mediation. The Office of Administrative Law Judge (OALJ) manages the mediation program.

A party is not required to have an attorney present for mediation.

There is no public record of a mediation session (no court reporter is present) and discussions are confidential, unless otherwise provided for by law, regulation or rule. Mediation is not binding (except for any agreement reached by the parties) and a party may withdraw from mediation at any time. Mediation is ordinarily an efficient and economical procedure compared to a hearing which is often expensive and time-consuming.

The Commission encourages negotiation to settle proceedings and encourages mediation where the parties themselves are unable to resolve a dispute.

Goals of Mediation

The focus of mediation is not to determine fault, assign blame, deal with past issues, or determine who is right.  Rather, the focus is on having the parties serve as joint problem solvers in an attempt to reach a consensual resolution that all participants can live with in the future.  This differs from a settlement conference which is based on competitive negotiations.

The goals of mediation are to:

1. Facilitate the early resolution of disputes.
2. Decrease the cost to parties in resolving disputes.
3. Save the parties time by not having to prepare for, and participate in, a formal hearing.
4. Avoid anxiety and uncertainty associated with the formal hearing process.
5. Allow the parties to be the decision makers by arriving at their own settlement agreement as opposed to having the decision imposed upon them by a judge.
6. Allow the parties to preserve good relationships.

How a Case Comes to Mediation

In general, the Office of Administrative Law Judge screens formal applications, complaints and petitions assigned to it to determine whether a case might be appropriate for mediation. If a case is appropriate, the Chief ALJ will issue an Interim Order requiring a dispute resolution conference between the parties.  This conference may result in a resolution.  If not, the parties may request the intervention of a mediator, or ask that the case be scheduled for hearing.  If more than two parties are involved, a notice might be sent to the parties asking them whether they consent to use the mediation process.  Also, a party may request mediation at any time.

Mediation is generally not appropriate where:

1. The result requires a determination of an issue at law.
2. A party wants a determination of who is right.
3. A party or the parties would like the result of a proceeding to serve as precedent.
4. The result of a proceeding would establish a policy (unless all of the stakeholders collaborate for the purpose of setting a policy).

Mediation Guidelines

In mediation, all parties are asked to agree to "Good Faith" and "Professionalism" guidelines.  If a party does not agree to comply with these guidelines, it may be that the case is not suitable for mediation. 

1. Good Faith Factors for Mediation Sessions
   

2. Working Rules for Professionalism

Pa. Code on Mediation

The Pennsylvania Code covers mediation in several sections. The Pennsylvania Code is the Commonwealth's official publication of rules, regulations, and guidelines.

Mediation Guidelines

General (52 Pa. Code Sec. 69.391)

Availability of Mediation (52 Pa. Code Sec. 69.392)

Role of Mediator (52 Pa. Code Sec. 69.393)

Mediation Notice (52 Pa. Code Sec. 69.394)

Mediation Rules (52 Pa. Code Sec. 69.395)

Conclusion of Mediation (52 Pa. Code Sec. 69.396)

Flexibility  (52 Pa. Code Sec. 69.397)