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.
(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 per- sonal, financial, or other interests that could result in a bias or conflict of inter- est;
(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 agree- ment or for reviewing any agreement drafted by the other party.
(b)When mediating a custody dispute, the mediator shall ensure that the par- ties 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.
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 litiga- tion. This rule applies to court-connected mediation services as well, so that parties without suf- ficient 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