CONCILIATION PROCEDURE


§ 171.61. Conciliation conference.

 (a)  At any time after the filing of the complaint, any party may file a request for a conciliation conference in the form in §  171.154 (relating to form for request for conciliation conference). In addition, at any time, the Administrator may determine that a conciliation conference would be beneficial to the progress of the claim and direct the parties or their counsel to attend.

 (b)  At a time and place designated by the Administrator with due consideration of those required to attend, the counsel to the parties and those parties for whom there is no counsel of record shall meet with the Administrator or his deputy to discuss possible settlement, compromise, or discontinuance of the claim. The Administrator may require any party or his representative to attend in person.

 (c)  Unless otherwise directed, at least 14 days prior to the conciliation conference, each party or his counsel shall submit to the Administrator a conciliation conference memorandum stating his view of the case and the terms and conditions of a possible settlement. While such memoranda will be held in confidence by the Administrator and not be given to the members of the arbitration panel, other parties, or members of the public, the parties are encouraged to exchange their memoranda prior to the conciliation conference.

 (d)  Prior to the conciliation conference, counsel shall discuss the issues of liability, damages and settlement with his client. Counsel shall come to the conciliation conference prepared and authorized to settle the action at an amount approved by his client.

 (e)  Unless waived by the Administrator, at least one conciliation conference shall be held prior to the filing of a certificate of readiness.

 (f)  Subsections (a)—(e) supersede 1 Pa. Code § §  35.111—35.116 (relating to prehearing conferences).



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