Rule 1940.5.Duties of the Mediator. Role of the Mediator.

Last amended February 8, 2018 · Last verified June 30, 2026

In one sentenceRule 1940.5 sets the mediator's duties and role, including informing the parties at orientation about the costs and process and the nature of mediation.

Full Text of Rule 1940.5

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

(a) As part of the orientation session, the mediator must inform the parties in writing of the following:

(1) the costs of mediation;

(2) the process of mediation;

(3) that the mediator does not represent either or both of the parties;

(4) the nature and extent of any relationships with the parties and any personal, financial, or other interests that could result in a bias or conflict of interest;

(5) that mediation is not a substitute for the benefit of independent legal advice; and

(6) that the parties should obtain legal assistance for drafting any agreement or for reviewing any agreement drafted by the other party.

(b) When mediating a custody dispute, the mediator shall ensure that the parties consider fully the best interests of the child or children.

(c) With the consent of the parties, the mediator may meet with the parties’ children or invite other persons to participate in the mediation.

(d) The role of the mediator is to assist the parties in identifying the issues, reducing misunderstandings, clarifying priorities, exploring areas of compromise, and finding points of agreement.

End

Plain-English Summary

A mediator's job has clear boundaries, and this rule draws them. As part of orientation, the mediator must inform the parties in writing of the costs, the process, and the nature of mediation, and the rule defines the mediator's role as a neutral facilitator — not a judge or an advocate. The duties protect the parties and keep the process even-handed.

Frequently Asked Questions

What does a custody mediator do?

Acts as a neutral facilitator, and at orientation informs the parties in writing of the costs, process, and nature of mediation.

Official Note

Official Note: Pa.R.C.P. No. 240 sets forth the procedures for obtaining leave to proceed in forma pauperis when the parties do not have the financial resources to pay the costs of litigation. This rule applies to court-connected mediation services as well, so that parties without sufficient resources may file a petition seeking a waiver or reduction of the costs of mediation.

Amendment History

The provisions of this Rule 1940.5 amended February 8, 2018, effective April 1, 2018, 48 Pa.B. 1095. Immediately preceding text appears at serial page (377891).

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: mediator dutiesrole of mediatormediator neutrality