Rule 1940.3.Order for Orientation Session and Mediation. Selection of Mediator.

Last verified June 30, 2026

In one sentenceRule 1940.3 lets the court order the parties to an orientation session and mediation and addresses how the mediator is selected.

Full Text of Rule 1940.3

Text sizeJump to: (a) (b) (c)

(a) Except as provided in (b), the court may order the parties to attend an orientation session at any time upon motion by a party, stipulation of the parties, or the court’s own initiative.

(b) The court may not order an orientation session if a party or a child of either party is or has been the subject of domestic violence or child abuse either during the pendency of the action or within 24 months preceding the filing of the action.

(c) Following the orientation session and with the consent of the parties, the court may refer the parties to mediation. The mediation may address any issues agreed to by the parties unless limited by court order.

End

Plain-English Summary

Custody mediation usually begins with the court's order. This rule lets the court order the parties to attend an orientation session on a party's motion, the parties' stipulation, or its own motion, and, after that session, to refer them to mediation if they consent. The orientation introduces the parties to the process before mediation begins. The court may not order one at all where a party or a child of either party has been the subject of domestic violence or child abuse during the case or in the 24 months before it was filed. The court may not order one at all where a party or a child of either party has been the subject of domestic violence or child abuse during the case or in the 24 months before it was filed.

Frequently Asked Questions

How does custody mediation start?

By a court order to attend an orientation session; after that session, the court may refer the parties to mediation if they consent.

Official Note

Official Note: See also Rule 1940.6(a)(4) requiring termination of mediation when the mediator finds that the proceeding is ‘‘inappropriate’’ for mediation. The mediator has a continuing ethical obligation, consistent with Rule 1940.4(b), during the mediation to screen for abuse and to terminate the mediation in the event he or she determines that the abuse renders the case unsuitable for mediation.

Source & verification. Rule text, the Official Note, and the amendment history are reproduced verbatim from the Pennsylvania Code, Title 231, the official compilation of rules adopted by the Supreme Court of Pennsylvania. Last verified June 30, 2026. · Official text

Also known as: order for mediationorientation session custodyselection of mediator