(a)Mediation shall terminate upon the earliest of the following circumstances to occur:
(1)a determination by the mediator that the parties are unable to reach a resolution regarding all of the issues subject to mediation;
(2)a determination by the mediator that the parties have reached a resolu- tion regarding all of the issues subject to mediation;
(3)a determination by the mediator that the parties have reached a partial resolution and that further mediation will not resolve the remaining issues sub- ject to mediation; or
(4)a determination by the mediator that the proceedings are inappropriate for mediation.
(b)If the parties reach a complete or partial resolution, the mediator shall, within 14 days, prepare and transmit to the parties a Memorandum of Under- standing. At the request of a party, the mediator shall also transmit a copy of the Memorandum of Understanding to the party’s counsel.
(c)If no resolution is reached during mediation, the mediator shall, within 14 days, report this in writing to the court, without further explanation.
Plain-English Summary
Mediation does not go on indefinitely. This rule sets when it terminates — the earliest of the events it lists, such as the mediator's determination that the parties are unable to agree, the parties reaching agreement, or a party's withdrawal. When mediation ends without full agreement, the custody case returns to the court.
Frequently Asked Questions
When does custody mediation end?
At the earliest of the events the rule lists, including the mediator finding the parties cannot agree.
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:termination of mediationend of custody mediationmediation impasse