Local Rule 50
MEDIATION
50.00 Referral. After service
of summons in any civil, divorce, visitation, companionship, allocation of
parental rights and responsibilities of minor children, pro se litigation, or
at any time after filing a post-decree motion, such case may be referred to
mediation. The Court or magistrate may
issue the order on its own motion, motion of counsel, or by pro se litigant
upon referral to the mediator. Mediation
shall not be used as an alternative to the prosecution or adjudication of
domestic violence, nor may it be used to determine whether to grant, modify or
terminate a protection order, to determine the terms and conditions of a
protection order, or to determine the penalty for violation of a protection
order.
50.01 Required Attendance. In civil
actions, except domestic relations cases,
all parties to the action, their legal counsel, and if the case involves an
insurance company, a representative who has full authority to settle the matter
are required to attend the mediation. In
domestic relations cases, all parties may have their attorney and/or other
support person attend the mediation session.
If any of the individuals identified in this section fail to attend
mediation without good cause, the Court may impose sanctions, including
awarding of attorney fees and court costs, contempt, or other appropriate
sanctions.
50.02 Costs. The costs of the mediation shall be paid by the
parties in the case, unless otherwise ordered by the Court. The
costs of mediation shall be divided on an equal basis. All fees must be paid prior to the first
mediation session or must be paid before a final journal entry of judgment
containing the mediated agreement will be approved by the Court.
50.03 Procedure. In all domestic relations actions regarding the
allocation of parental rights and responsibilities (including visitation and
companionship) the cases shall be automatically stayed during the mediation
proceedings. No stay will be issued in
civil cases.
50.04 Mediation Report. Upon conclusion
of mediation and pursuant to Ohio Revised Code section 3109.052(B), a mediation
report indicating whether or not an agreement has been reached on any of the
issues that were the subject of mediation shall be filed with the Court. In domestic relations cases, if an agreement
is reached, the mediator shall prepare a written memorandum of agreement and
furnish a copy to each party and to each attorney representing the party so the
attorney can prepare an acceptable entry for presentation to the Court at which
time the case shall be returned to the Court’s active docket for further
proceedings. In civil mediation the
parties are to appear with counsel (unless pro se) and, if an agreement is
reached, the plaintiff’s attorney will prepare a written memorandum of
agreement and furnish the same to each party and to the attorneys. The plaintiff’s attorney shall also prepare
the proper entry for the Court to give notice of settlement. If an agreement is not reached, the mediator
will provide a notice of results to the Court.
50.05 Mediation Position Statement. In all cases except for those regarding divorce,
allocation of parental rights and responsibilities, visitation, or
companionship, at least five (5) days prior to civil mediations, the
parties shall return to the mediator a mediation case summary form which shall
include the following:
1.
The elements of
each claim asserted by the party filing the form;
2.
A brief statement
of facts supporting the claim(s), admitted or undisputed facts, and of
remaining issues of fact to be tried;
3.
A brief
settlement proposal; and
4.
Any other issues
the parties deem pertinent to reaching an equitable and satisfactory
resolution.
50.06 Confidentiality. Pursuant to
Ohio Revised Code sections 2710.03-2710.05 and 3109.52(B) statements made by
the parties during the mediation assessment or the mediation sessions are not
admissible as evidence and the mediator cannot be required to give testimony
before the Court. However, mediators may
be required to testify as to a crime committed in their presence or regarding
child abuse.
50.07 Domestic Violence Mediation. Any mediator
providing services for this Court shall maintain a policy which incorporates
both screening and participation criteria which complies with the expressed
intent of the Ohio Supreme Court.
50.08 Continuances. Interested parties shall first contact their
mediator to determine whether or not a continuance will be granted. This request shall be made to the mediator in
writing as required by rule. If a party is
not satisfied with the mediator’s decision regarding the continuance or the
party wishes to file an objection to the continuance, a motion should be
addressed to the Court by filing through the Clerk.
50.09 Qualifications of Mediators. Mediators
shall meet the qualifications of mediators as set forth in Rule 16(C)(1), (2),
and (3) of the Rules of Superintendence for the Courts of Ohio. The Court shall keep on file a list of all
qualified mediators along with a photocopy of all certificates and qualification
hours for each mediator to show compliance with the mediation training for the
various types of mediation.
Issued/Adopted: