LOCAL RULE 98.1 MEDIATION
 
  1. At any time any action under the jurisdiction of this Court may be referred to mediation by:

    1. Voluntary referral by motion of all parties; or
    2. Selection by the Judge of this Court.
    3. The Court shall issue a “Notice of Scheduled Mediation”, which shall identify the Mediator, the parties and their counsel, with contact information.

  2. Participation in mediation is voluntary unless referred by the Court, but the Court may not require that settlement be reached on any particular issue.

    1. The Mediator shall contact the parties and schedule the mediation.

  3. Fees for the mediator shall be set by the Court Administrator.

  4. A mediator will be assigned by the Court to conduct the mediation and submit an agreement or report within ninety (90) days.

    1. Ensure that parties are allowed to participate in mediation, and if the parties wish, that their attorneys and other individuals they designate are allowed to accompany them and participate in mediation.
    2. Screen for domestic violence both before and during mediation.
    3. Encourage appropriate referrals to legal counsel and other support services for all parties, including victims of and suspected victims of domestic violence.
    4. Prohibit the use of mediation in any of the following:

      1. As an alternative to the prosecution or adjudication of domestic violence;
      2. In determining whether to grant, modify or terminate a protection order;
      3. In determining the terms and conditions of a protection order; and
      4. In determining the penalty for violation of a protection order.
  5. All mediation communications related to or made during the mediation process are subject to and governed by the "Uniform Mediation Act" (UMA) R. C. 2710.01 to 2710.10, the Rules of Evidence and any other pertinent judicial rule(s).

    1. If a final agreement is reached, that agreement may be filed under seal to preserve confidentiality, provided that the parties request that the agreement be sealed and the Court approves.

  6. At the conclusion of the mediation and in compliance with R. C. 2710.06, the Court shall be informed of the status of the mediation including all of the following:

    1. Whether the mediation occurred or was terminated;
    2. Whether a settlement was reached on some, all or none of the issues; and
    3. Future mediation session(s), including date and time.
    4. Further action required by the Court.

  7. If a dispute involves a matter under the jurisdiction of the Probate Court, including a client with mental health, mental retardation and developmental disability, or aging adult issues, but a guardianship case has not been filed, an agency may file a Motion with the Court to refer the matter to mediation. A case shall be referred if mediation is likely to resolve the dispute as a less restrictive alternative to guardianship.

[Adopted effective June 10, 1998; amended effective May 1, 2002; February 1, 2008.]

 

 

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