2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5949 - Confidential mediation communications and documents.

     § 5949.  Confidential mediation communications and documents.
        (a)  General rule.--Except as provided in subsection (b), all
     mediation communications and mediation documents are privileged.
     Disclosure of mediation communications and mediation documents
     may not be required or compelled through discovery or any other
     process. Mediation communications and mediation documents shall
     not be admissible as evidence in any action or proceeding,
     including, but not limited to, a judicial, administrative or
     arbitration action or proceeding.
        (b)  Exceptions.--
            (1)  A settlement document may be introduced in an action
        or proceeding to enforce the settlement agreement expressed
        in the document, unless the settlement document by its terms
        states that it is unenforceable or not intended to be legally
        binding.
            (2)  To the extent that the communication or conduct is
        relevant evidence in a criminal matter, the privilege and
        limitation set forth in subsection (a) does not apply to:
                (i)  a communication of a threat that bodily injury
            may be inflicted on a person;
                (ii)  a communication of a threat that damage may be
            inflicted on real or personal property under
            circumstances constituting a felony; or
                (iii)  conduct during a mediation session causing
            direct bodily injury to a person.
            (3)  The privilege and limitation set forth under
        subsection (a) does not apply to a fraudulent communication
        during mediation that is relevant evidence in an action to
        enforce or set aside a mediated agreement reached as a result
        of that fraudulent communication.
            (4)  Any document which otherwise exists, or existed
        independent of the mediation and is not otherwise covered by
        this section, is not subject to this privilege.
        (c)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Mediation."  The deliberate and knowing use of a third
     person by disputing parties to help them reach a resolution of
     their dispute. For purposes of this section, mediation commences
     at the time of initial contact with a mediator or mediation
     program.
        "Mediation communication."  A communication, verbal or
     nonverbal, oral or written, made by, between or among a party,
     mediator, mediation program or any other person present to
     further the mediation process when the communication occurs
     during a mediation session or outside a session when made to or
     by the mediator or mediation program.
        "Mediation document."  Written material, including copies,
     prepared for the purpose of, in the course of or pursuant to
     mediation. The term includes, but is not limited to, memoranda,
     notes, files, records and work product of a mediator, mediation
     program or party.
        "Mediation program."  A plan or organization through which
     mediators or mediation may be provided.
        "Mediator."  A person who performs mediation.
        "Settlement document."  A written agreement signed by the
     parties to the agreement.
     (Feb. 7, 1996, P.L.7, No.3, eff. 60 days)

        1996 Amendment.  Act 3 added section 5949.