L212

Chapter II

BUSINESS OF COURTS

Rule L212 CONCILIATION CONFERENCES
(a) Scheduling of Conciliation Conference. Unless otherwise directed by the court, all civil actions not subject to compulsory arbitration shall be scheduled for a conciliation conference, but not earlier than 30 days after the case is placed at issue and placed on the general civil trial list. The purpose of the conciliation conference is to address the possibility of settlement prior to trial, and it shall be considered as a part of the pretrial conference.

(b) Attendance at Conciliation Conference. Unless excused by the court upon good cause shown, trial counsel and all parties must attend and be present at the conciliation conference. In addition, a representative(s) of the Defendant’s insurance carrier(s) and, if applicable, the M-Care Fund and/or excess liability carrier, must be present, in person, and have the complete and final authority to discuss and settle the case. The court expects that, prior to the time of the conciliation conference, all parties or representatives of their insurance carriers will have conferred and attempted to arrive at a settlement. At the conciliation conference, the attending parties and representatives of their insurance carriers shall have realistic settlement authority.
Note: This Rule is mandatory and changes prior practice in Lawrence County which permitted, in special circumstances, a party or insurance carrier to appear by telephone. All requests to be excused shall be by formal motion or petition setting forth all reasons for the request.

(c) Conciliation Conference Statement.
At least ten (10) days prior to the conciliation conference, each party shall file and serve upon opposing counsel, and any unrepresented party, a conciliation conference statement.
The conciliation conference statement shall include the following:
(1) A brief narrative setting forth the factual basis supporting the claim or defense.
(2) An itemized statement of each component of the claim for damages, including medical, hospital, dental and other health care expenses, a calculation of lost earnings and impairment of earning power, together with the basis therefore. The statement shall also include a calculation of the portion of the expenses or damages that are recoverable.
(3) If applicable, whether the plaintiff has selected the limited or full tort liability option for an automobile insurance case. If a limited tort option applies, a statement to support eligibility for recovery of non-economic damages shall be included.
(4) A copy of any experts’ written reports (See Pa.R.C.P. 4003.5) shall be attached to the conciliation conference statement. It is contemplated by this Rule that all defense medical examinations shall have been completed and a written report thereof made available to the court and opposing counsel with the defendant’s conciliation conference statement.
(5) The plaintiff’s settlement demand and the defendant’s offer.
(6) Detailed statement describing negotiations that have taken place to date.

(d) Pretrial Conference. If no settlement is reached at the conciliation conference, the court shall schedule a pretrial conference. After the conciliation conference, but prior to the pretrial conference, the parties shall schedule and complete all depositions required for use at trial so that all depositions will be timely completed and transcribed as not to delay the trial.

(e) Sanctions. This court considers compliance with the provisions of this Rule fundamental to the orderly administration of justice and disposition of actions. Any unjustified failure to fully comply with the Rule shall constitute grounds for the imposition of sanctions as provided by rule of court and general law including, but not limited to, reasonable counsel fees under 42 Pa.C.S.A. §2503 and civil and criminal contempt proceedings.