Are there any differences between mediation in the Federal courts and mediation in the State courts?

Yes, there are differences between mediation in the Federal courts and mediation in the State courts in Pennsylvania. Federal court mediation occurs in the United States District Courts of Pennsylvania. These courts have jurisdiction over cases involving disputes among multiple states, disputes between citizens of different states, and/or cases involving the federal government and a citizen of another state. In addition, Federal court mediators must be certified by the U.S. District Court in order to conduct mediations. In contrast, mediation in Pennsylvania State courts is conducted in the Court of Common Pleas. This court has jurisdiction over civil matters in the state. The mediators in Pennsylvania State courts must be certified by the Court of Common Pleas. Unlike Federal courts, the Pennsylvania court mediators do not have to be certified by the court to conduct mediations. However, they must complete a certain number of hours of continuing education in order to remain authorized to mediate. In addition, before a mediation can begin in the State courts, the parties have to agree to mediate. This is not true in the Federal courts, as the court can order a mediation session in an appropriate case. Finally, in the Federal courts, all parties must be represented by a lawyer, whereas in the State courts in Pennsylvania, the parties are not required to be represented by a lawyer. These are some of the differences between mediation in the Federal courts and mediation in the State courts in Pennsylvania. Although the overall purpose of mediation is to facilitate resolution of disputes, it is important to understand the differences in order to identify the best avenue to settle a dispute.

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