Court-Ordered Custody Mediation in PA

Pennsylvania courts may set up custody mediation programs and order parents to attend an orientation session; actual mediation then happens with the parents' consent, unless the county's program requires a session as part of the process, as Allegheny County's Generations program does. Courts may not order orientation or mediation when a parent or child has been the subject of domestic violence or child abuse during the case or in the 24 months before it was filed.

Many parents first meet mediation through a court requirement rather than by choice. This page explains how court-connected custody mediation works under Pennsylvania law, what the mediator may and may not do, and how the Allegheny County program runs. Our mediation page describes private mediation, which many families use before ever filing.

How court-connected custody mediation works, step by step

A custody complaint or petition is filed. The court rules expect the parents' first in-person contact with the court system, which may be a conference, conciliation, mediation or class, within 45 days of filing (Pa.R.C.P. 1915.4(a)).
The court may order an orientation session. On a party's motion, the parties' stipulation, or its own initiative (Pa.R.C.P. 1940.3(a)).
Unless there has been abuse. No orientation may be ordered where a party or a child of either party is or has been the subject of domestic violence or child abuse during the case or within 24 months before it was filed (Pa.R.C.P. 1940.3(b); 23 Pa.C.S. § 3901(c)(2)).
Orientation. The mediator explains, in writing, the costs and process, that the mediator represents neither parent, any potential conflicts, that mediation is not a substitute for legal advice, and that the parents should get legal help drafting or reviewing any agreement (Pa.R.C.P. 1940.5(a)).
Referral to mediation with consent. After orientation, and with the parties' consent, the court may refer them to mediation on any issues they agree to, unless limited by order (Pa.R.C.P. 1940.3(c)).
Mediation sessions. The mediator helps identify issues, reduce misunderstandings, clarify priorities, explore compromise and find agreement, and must ensure the parents fully consider the child's best interests (Pa.R.C.P. 1940.5(b), (d)).
The result. If there is full or partial agreement, the mediator sends a memorandum of understanding within 14 days; if not, the mediator reports to the court within 14 days that no resolution was reached, without further explanation (Pa.R.C.P. 1940.6).
A consent order or a court process. Agreements become enforceable when entered as a consent order, as explained in turning a custody agreement into an order; unresolved issues return to the court, which may schedule a conference, a hearing officer or a judge.

Pennsylvania rules for court-connected custody mediation
Topic	Rule	Source
Who may set up a program	A court may establish a mediation program for divorce and custody actions	23 Pa.C.S. § 3901(a)
What can be ordered	An orientation session; mediation itself only with consent of the parties	§ 3901(b); Pa.R.C.P. 1940.3
Abuse exclusion	No order where domestic violence or child abuse during the case or within 24 months before filing	§ 3901(c)(2); Pa.R.C.P. 1940.3(b)
Fees	Counties with a program may add up to $20 to divorce and custody complaints; mediation costs may be assessed on either party	23 Pa.C.S. § 3902
Mediator qualifications	Bachelor's degree and relevant experience; domestic violence or child abuse training and an approved mediation program; liability insurance; 4 supervised cases totaling 10 hours; 20 hours of continuing education every two years	Pa.R.C.P. 1940.4
Who participates	The parties; children, grandparents and attorneys do not participate except with the parties' consent under the mediator's rule	Pa.R.C.P. 1940.2, 1940.5(c)
Outcome documents	Memorandum of understanding (not legally binding) within 14 days; or a no-resolution report within 14 days	Pa.R.C.P. 1940.2, 1940.6

Allegheny County's Generations program

In Allegheny County, the Family Division describes Generations as a two-part alternative dispute resolution process, and says participation is required each time a custody complaint or petition is filed. Step one is the Able to Adjust online co-parenting education program, a four-hour class on reducing conflict, improving communication and understanding the effect of separation on children. Step two is a mediation session held remotely by Microsoft Teams, described as a confidential conversation with an impartial third party. Parents must email the Custody Department so the invitation reaches the right address; recording the session is not permitted; children and third parties may not attend; and parents should join from a quiet place and present themselves as they would for an in-person court appearance. See the Allegheny County Family Division guide.

Lawrence County and other counties

Each judicial district sets up its own program by local rule, so procedures differ from county to county (23 Pa.C.S. § 3901(c)(1)). In Lawrence County, custody complaints are filed with the Prothonotary at 430 Court Street, New Castle, using the county's published custody forms; check the court's current local rules for any mediation or education step. See the Lawrence County Courthouse for family cases.

Private mediation before or alongside a court program

Parents do not have to wait for a court program. Private mediation, before filing or while a case is pending, lets parents choose the mediator, the pace and the topics, and often produces a full parenting plan that can be submitted as a consent order. See how family mediation works and building a parenting plan.

Preparing for a court mediation session

Court-connected sessions are often shorter than private mediation, so preparation makes a real difference. Bring, or have ready on screen, a calendar showing the children's school year, activities and your work schedule. Prepare two or three schedule options you could live with, not just your first choice. Think about the hardest days in advance: holidays, birthdays, summer, school breaks. Write down any concerns about safety, substance use or the children's health that the mediator should know, and be ready to say them calmly. If you have a lawyer, talk before the session about what you can agree to on the spot and what you would want to review first. And remember that the session is about the children's week, not about the marriage; mediators can help most when both parents keep the focus there.

What changes the answer

Abuse. The 24-month exclusion applies, and mediators must keep screening for abuse and end mediation if it makes the case unsuitable (official note to Pa.R.C.P. 1940.3). See when mediation is not safe.
Consent. Beyond orientation (and program requirements such as Allegheny's), mediation depends on both parents agreeing to participate.
Fees. Parents without resources can seek a waiver or reduction of mediation costs (comment to Pa.R.C.P. 1940.5, citing Pa.R.J.A. 1990).
Confidentiality. Mediation communications are privileged; see mediation confidentiality.
The factors. Mediated agreements still need to serve the child's best interest; see custody factors in an agreement.

A worked example

For example, imagine a hypothetical father, Noah, who files a custody complaint in Allegheny County. Both parents complete the Able to Adjust course, then join the Generations mediation session by Teams from quiet rooms at home. They agree on a school-year schedule but not on summer. The agreed portion is written up, their lawyers prepare a consent order with the school-year terms, and summer goes to the next step in the court process. This is an illustration only, not a prediction of any outcome.

Common mistakes

Skipping the education step. In Allegheny, the course is part of the required program.
Bringing children or relatives to the session. Programs such as Generations do not allow it.
Not mentioning abuse. Mediation should not be ordered where abuse falls within the rule; say so.
Treating the memorandum as an order. It is not binding until entered as an order.
Arriving unprepared. Bring the children's schedules and your own availability; see how to prepare.

What to do this week

Read your county's instructions for custody filings and any program requirements.
If in Allegheny, enroll in the Able to Adjust course and email the Custody Department.
Write down the children's weekly routine and your work schedule.
Tell your lawyer or the program privately about any abuse or safety concerns.
Draft the schedule you would propose, and a fallback.

Frequently asked questions

Can a court force us to mediate?

A court may order an orientation session; actual mediation requires the parties' consent under the statewide rules, though some county programs build a mediation session into the required process.

What if there has been abuse?

Courts may not order orientation or mediation where there has been domestic violence or child abuse during the case or in the 24 months before filing.

Who are the mediators?

Mediators must meet the qualifications in Pa.R.C.P. 1940.4, including training in domestic violence or child abuse and continuing education.

Can our lawyers attend?

The rules limit participation to the parties, but parties should get legal advice before and after, and the mediator must tell them so.

Does the judge hear what we said?

No. If there is no agreement, the mediator reports only that no resolution was reached.

Is there a fee?

Counties may add up to $20 to complaints to fund programs, and mediation costs may be assessed; waivers are available for those who qualify.

Do Pennsylvania courts send custody cases to mediation?