Rule 20 - Mediation ConferenceThe following procedures and requirements apply to mediation conferences held in the Eighth District Court of Appeals.
(A)Cases Eligible for Mediation.(1)General. The court has discretion to encourage parties to use mediation in any civil appeal or original action filed in this court.(2)Exceptions. Mediation is prohibited in the following: (a) As an alternative to prosecution or adjudication of domestic violence; (b) In determining whether to grant, modify, or terminate a protection order; (c) In determining the terms and conditions of a protection order; (d) In determining the penalty for violation of a protection order.(3) Nothing in this division shall prohibit the use of mediation in a subsequent divorce or custody case, even though that case may result in the termination of the provisions of a protection order; or in a juvenile court delinquency case, even though the case involves juvenile-perpetrated domestic violence.(B)Purposes of Mediation Conference. The primary purpose is to explore settlement possibilities through mediation. Additionally, any other matters that the mediator determines may aid in handling the disposition of the proceedings will be considered.(C)Scheduling. The court's mediation attorney shall review the notice of appeal, the trial court's judgment from which the appeal is taken, and the praecipe and docketing statement in all civil and administrative appeals to determine whether a mediation conference will be scheduled. Mandamus actions involving compliance with R.C. 149.43, Ohio's Public Records Act, may be referred to the mediation program by the assigned panel.
In addition, any party may request mediation by contacting the court mediator or by written motion to the court. Such requests may be made confidentially if the requesting party desires. Such requests should be submitted as soon as possible after initiation of the appeal or original action. Requests for a mediation may or may not be granted by the court. Also, the court may, in its discretion, order the parties to mediate any action before the court at any stage in the proceedings.
(1)Notice. If a mediation is scheduled, the court will notify the attorneys, or the parties if unrepresented, of the date, time and location of the mediation. Mediations will be held within 21 days after the filing of the notice of appeal or complaint, or as soon thereafter as practicable.(2)Mediation Form. Within ten days of receiving notice of the scheduled mediation, counsel for the appellant and appellee or self-represented individuals must complete and return the confidential mediation form to the court mediator. (This form will not be filed with the Clerk of Courts for the Court of Appeals but rather sent directly to the Office of the Conference Mediator.) The confidential mediation form, along with the instructions for completing and submitting the form, are found on the court's website at http://appeals.cuyahogacounty.us. The mediation attorney will not disclose this form or its contents to the other parties, unless the submitting party consents to such disclosure.(D)Attendance. Unless otherwise instructed by the court, the following persons must attend the mediation conference in person: counsel of record for each party as well as the parties. If a party to the action does not have full authority to settle, then a person with authority to settle the case up to the stated demand shall attend the mediation. "Counsel," for purposes of this rule, means the attorney with primary responsibility for the case and upon whose advice the party relies.(E)Uniform Mediation Act. The R.C. 2710 "Uniform Mediation Act" (UMA), is incorporated by reference and adopted by this court through this local rule.(F)Privileged Communications and Confidentiality.(1) The definitions contained in R.C. 2710.01 apply to the mediation. The privileges contained in R.C. 2710.03 and the exceptions contained in R.C. 2710.05 apply to mediation communications. The privileges may be waived under R.C. 2710.04. Mediation communications are also confidential, and no one shall disclose any of these communications unless all parties and the mediator consent to such disclosure in writing. This court may impose sanctions for any improper disclosures made in violation of this rule.(2) All mediation communications are confidential with the following exceptions: (a) Parties may share all mediation communications with their attorneys or vice versa.(b) The mediator shall inform the court or report to the proper authorities certain information, including the following: (i) Allegations of abuse or neglect of a child or other individual as required by the law;(ii) Certain threats of harm to other people or oneself;(iii) Statements made during the mediation process to plan or hide an ongoing crime;(iv) Statements made during the mediation process that reveal a felony.(G)Prehearing Conference. The court's mediation attorney may set cases for prehearing conferences under App.R. 20 in order to simplify the issues in an appeal or original action if a settlement is not possible or for case management purposes. The UMA, which applies to mediations, does not apply to prehearing conferences.(H)Noncompliance Sanctions. If a party or attorney fails to comply with the provisions of this rule or the provisions of the mediation conference order, the administrative judge or the merit panel, as applicable, may hold a party in contempt and/or assess reasonable expenses caused by the failure, including attorney fees. The court may also assess all or a portion of the appellate costs or dismiss the appeal or original action.(I)Referral to Resources. The court administrator as well as the court's mediation office shall maintain resources for mediation parties, including victims and suspected victims of domestic violence, encouraging appropriate referrals to legal counsel and other support services such as Children Services, domestic violence prevention, counseling, substance abuse, and mental health services.Adopted eff. 2/1/1999; amended eff. 8/1/2016; 3/29/2017; 2/1/2019; 12/28/2020; amended eff. 12/28/2020; amended eff. 7/1/2022.