Rule 20 - PREHEARING CONFERENCE; MEDIATIONThis court's prehearing conference and mediation procedure will operate as follows:
(A) Prehearing Conference and Mediation Scheduling.(1) Civil and administrative appeals will be reviewed by this court's Administrative Counsel promptly after the filing of the notice of appeal to determine whether a prehearing conference under Ohio App.R. 20 and/or mediation would assist the court or the parties. In addition, any party may call the court's Administrative Counsel to request a prehearing conference to be held or to be canceled. Such request will be confidential if the requesting party desires.(2) If an appeal is selected for conference, upon 21 days-notice from the court, unless excused, counsel and parties (including insurance adjusters) are required to attend a prehearing conference and/or mediation before the court's Administrative Counsel. Persons excused in advance by the Administrative Counsel from attending in person shall be available by telephone. At the discretion of the Administrative Counsel, conferences may be conducted telephonically.(B)Purposes and Procedure of Prehearing Conference and Mediation.(1) The primary purpose of the prehearing conference and/or mediation is to explore settlement possibilities through mediation, to simplify the issues on appeal, and to address anticipated procedural matters. Additionally, any other matters that the Administrative Counsel determines may aid in the disposition of the proceedings will be considered.(2) The scheduling of a prehearing conference and/or mediation does not stay the time for filing the record, transcript of proceedings, or briefs. If a conference is to occur after the date for transmitting the record under App.R. 10, or after the date the appellant's or the appellee's brief is due under App.R. 18, any party may file a motion requesting an order extending the time to transmit the record or file a brief until after the conference. If the court's Administrative Counsel determines that the parties are negotiating in good faith, additional extensions of time may be sought.(C)Privilege and Confidentiality.(1) The privilege and confidentiality provisions of R.C. Chapter 2710, "Uniform Mediation Act" (UMA), are incorporated by reference and adopted by this court through this local rule. (a) The definitions contained in R.C. 2710.01 apply to all mediation conferences.(b) 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.(2) Mediation communications shall be privileged and therefore shall not be disclosed by the court's Administrative Counsel or by the parties and/or their attorneys and shall not be used when presenting or arguing the case. Mediation communications shall be confidential unless all parties and/or their attorney's consent to disclosure.(D)Judgment Entry. In the event of a resolution and/or upon the filing of a motion to dismiss by appellant or counsel for appellant, the court may issue an entry dismissing the appeal or action upon recommendation of the Administrative Counsel.(E)Noncompliance Sanctions. If a party or attorney fails to comply with the provisions of this rule or the provisions of the prehearing conference order or settlement agreement, this court may dismiss the appeal or action and assess reasonable expenses caused by the noncompliance, including, but not limited to, attorney fees and court costs.Amended effective 6/1/2022; amended effective 7/3/2023; amended effective 7/1/2024.