For as long as most Allegheny County practitioners can remember, a custody filing led first to mandatory mediation. That sequence changed this month. Administrative Order AD 26-00274-FD, dated October 28, 2026, suspends mandatory mediation in custody cases during a Family Division pilot project. The pilot aims to reduce delay from filing to disposition.
What changed
The pilot follows recommendations from the National Center for State Courts and feedback sessions with the bar, legal clinics, litigants, court staff and judges. Beginning November 2, 2026, a small random group of new custody filings entered phase one. Effective November 16, 2026, every new custody complaint or petition enters the pilot.
What happens after filing
Once the filing is made and the fee paid or waived, the Custody Department issues an order directing the parties to complete the online co-parenting education class. That order also schedules an Initial Intake Conference with a Domestic Relations Officer within 20 to 45 days of filing. Intake takes place virtually through Microsoft Teams, and every party must attend. The officer reviews service and sets the path the case will take. Parents who already have an agreement can leave with a final custody consent order entered. The initial scheduling order carries the instructions for each case and deserves a careful read the day it arrives.
Mediation by court order
Mediation now happens only by court order. The assigned Judge may still direct parties to mediate, but the parties cannot elect it on their own.
Cases already underway
Cases already underway, including mediations already scheduled, continue on their existing path through the Generations Program. Parties should keep following the notices and orders issued in their case. A party seeking relief outside the scheduled path may file a motion before the assigned Judge.
Our view from practice
Mediation dates had been running four to five months after filing, largely because the county lacked enough mediators for the volume of cases. An intake conference inside 45 days should clear that first bottleneck. The open question is where the wait goes next. Cases that do not resolve at intake still move toward a contested proceeding, and the volume that once waited for mediation will arrive there. We expect quicker first contact with the court and some risk of new delay later in the case.
Under this model, preparation counts for more at the start. A parent who reaches intake with service complete and a negotiated agreement in hand can conclude the custody case at the first conference.
More to come
Judge McCrady and court staff will share more about the pilot at the Family Law Section's monthly meeting on November 10, 2026. We will update this post after that meeting.
Frequently asked questions
Is custody mediation still mandatory in Allegheny County?
Administrative Order AD 26-00274-FD suspends mandatory mediation during the pilot. Every new custody complaint or petition enters the pilot effective November 16, 2026.
Is custody mediation still available?
Mediation now occurs only when a Judge orders it. Parties cannot elect it on their own.
What is the first step after filing a custody complaint?
The court orders the online co-parenting education class and schedules a virtual Initial Intake Conference with a Domestic Relations Officer within 20 to 45 days of filing. All parties must attend.
Can parents enter a custody agreement at intake?
Yes. Parents who have reached an agreement may have a final custody consent order entered at intake.
My case was already scheduled for mediation. What happens now?
Cases already underway continue on their existing path through the Generations Program. A party seeking relief outside that path may file a motion before the assigned Judge.
Where to begin
A Strategy Session before filing, or before intake, is the place to plan for that first conference. Our custody page covers the wider Allegheny County process, and parents who are also divorcing will find more on divorce with children.
Preparing for Custody Intake?
A Strategy Session is where the plan for the first conference is built. Scott Levine handles every matter personally.
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