FAQs

The police gave me a referral to mediation; how long do I have to process that referral at PCMS?

It is best to bring your police referral to PCMS as soon as possible after receiving the referral; we generally advise people to come to the office within a week or so of receiving the referral. The police may advise you to process the referral within three days, however, PCMS will process the complaint beyond that three-day time period.

Why did the police refer me to mediation?

Police officers make decisions about mediation referrals based on a variety of factors. Most police departments have policies about when to refer to mediation. Often, a police officer will refer to mediation when the officer determines that the situation does not require an immediate arrest, but there are many other reasons why an officer may make the decision to refer to mediation. To find out the particular reason why an officer referred you to mediation, you would need to ask the officer who referred you; the officer’s name is noted on the referral you received.

Do I need a referral to schedule mediation?

No, you do not need a referral to schedule mediation for a dispute that is not already filed in Municipal Court. If, however, the dispute has already been filed and is pending, you would need to be referred by the Court.

Do I need to bring anyone with me to the mediation hearing?

You are not required to bring anyone to mediation. If you need a language or American Sign Language interpreter, notify the mediation service to see if an interpreter can be provided for you. Each party in mediation may choose to bring his or her attorney to mediation; if you choose not to bring an attorney, you may bring one person for support who is not an attorney. The role of an attorney or support person in mediation is to support you as you make decisions in the mediation process. Since the focus of mediation is resolution, not determining guilt or innocence, the support person’s role is not to provide testimony as a witness; therefore, a support person may not be a witness. Before you decide to have an attorney or other support person with you in mediation, please think about whether that individual’s presence will interfere with effective discussion and whether you need that person present in order for you to participate in mediation.

I do not want to schedule mediation; I want the person arrested—how do I a get a warrant for the person’s arrest?

Criminal warrants can only be authorized by an officer of the court, e.g., a police officer, a member of the Clerk of Courts office, a prosecutor or an attorney; you should contact one of those individuals about a warrant. Bear in mind that if mediation is scheduled for a criminal allegation and the matter is not resolved through mediation, you can request at that time to have a prosecutor review the situation; the prosecutor may then determine whether or not to authorize a warrant.

I want a restraining order to keep the person away from me; how do I get one?

PCMS does not issue restraining orders. Restraining orders are granted by judges or magistrates after a hearing about the matter. Different types of restraining orders can be issued from Domestic, Juvenile, Municipal, or Common Pleas Courts. Orders to “stay away” are typically based upon specific criminal allegations made by the petitioner. If you come in person to PCMS, an intake staff person will interview you about your situation and, if appropriate, direct you to the correct Clerk of Courts office to file a petition for a restraining order.

Bear in mind that scheduling mediation gives you the opportunity to reach an agreement about what types of contact, if any, will occur between you and the other party. If mediation is scheduled about a criminal allegation and you reach agreement in mediation, there is a consequence if the other person doesn’t follow the agreement: you can report that to PCMS and that report is reviewed by a prosecutor who determines whether or not to take further legal action.

What do I do if I need to reschedule my mediation date?

For the majority of cases, requests to reschedule mediation must be made in person seven days prior to the mediation date. If there are less than seven days before the mediation date, you may still come in person to the office and we will try to reschedule if we can reach the other party by phone at that time.

If your case involves a Rent Escrow Mediation, phone the office and ask to speak to the mediator assigned to the case listed on the notice you received.

If your case involves the Check Resolution Service or Accounts Receivable Mediation, you should contact the business listed on the notice you received.

I received a notice to come to mediation; how can I find out about this complaint?

Because mediation is confidential, PCMS does not give information about details involved in a mediation case to any persons other than the parties involved in the dispute. If you are one of the parties and you want to find out what the case involves, you must come to the PCMS office and show the Intake staff person a picture ID. Many times the person who scheduled mediation made a police report; you may contact the police department where the incident occurred to find out how to get a copy of a police report. Sometimes mediation is scheduled after a case is filed in court; you may check www.courtclerk.org to see if the case originated in court.