Family Court development issue going to mediator

Donald W. Pulver's bid in bankruptcy court to maintain his role as developer of a new $200 million Family Court building at 15th and Arch Streets is headed for mediation in an effort to keep the project on a fast track.

Pulver's Conshohocken development firm, Northwest 15th Street Associates, filed for bankruptcy to block the Philadelphia Parking Authority from revoking its development rights at the site, which the authority owns.

The parking authority moved against Pulver after Pennsylvania Chief Justice Ronald D. Castille killed his no-bid deal to develop the courthouse in May, when he learned in The Inquirer that lawyer Jeffrey B. Rotwitt was Pulver's codeveloper.

Rotwitt had represented Castille on the project, creating what Castille saw as a possible conflict. Rotwitt maintains that Castille knew all along of his role as codeveloper and that he had finished his work for Castille before joining Pulver.

Eric L. Frank, the judge handling the bankruptcy filing of Pulver's firm, signed a mediation order on Wednesday, appointing Chief Bankruptcy Judge Stephen Raslavich as mediator.

If the matter cannot be resolved quickly, the project could be imperiled. Gov. Rendell has committed to releasing $200 million already appropriated for the project as long as it is competitively bid. But he leaves office in January, and the next governor could choose to spend the $200 million elsewhere.

With Castille trying to determine how $12 million in public money has already been spent on the project, the FBI has launched a criminal investigation.

Lawyers on both sides of the case, and advocates for women, children, and court reform all welcomed the mediation order.

"There are so many complicated issues and the time line is tight," said Lynn Marks, executive director of Pennsylvanians for Modern Courts, an advocacy group that has been fighting for a new Family Court.

"Everybody wants to see a Family Court get built and we're prepared to pursue any avenue that will realize that goal," said William Schorling, who represents the court system in the bankruptcy. "We'll see what Judge Raslavich can do."

But Schorling said he believed finding a resolution would be difficult. Money may be a sticking point.

Pulver originally was due to receive $6.9 million in fees; he has been paid less than half that.

State officials say the project must be competitively bid. But even if money were available, paying more to Pulver now for the failed development plan would likely be a political embarrassment.

Mark Nevins, a spokesman for Pulver, said he was hopeful that Pulver, the authority, and the courts could make a deal. He said the distance between them "might not be quite as wide as people might think."