(A) Cases eligible for mediation(1)General. The Court has discretion to encourage or order parties to mediation in any civil appeal, administrative appeal, or original action filed before this Court. The parties may also request mediation at any time during the pendency of the appeal. It is within the Court's discretion to grant a request for mediation.(2)Exceptions. Mediation is prohibited in the following types of cases: (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 subsection (A)(2) of this rule shall prohibit the use of mediation in either of the following cases:(a) A subsequent divorce or custody case, even though the case may result in the termination of the provision of a protection order pursuant to R.C. 3113.31;(b) A juvenile delinquency case.(B) Scheduling mediation(1) Upon written motion of the parties, or upon order of the Court, the Court may schedule mediation.(2) If mediation is scheduled, the Court will notify the attorneys, or the parties if unrepresented, of the name of the mediator and the date, time, and location of the mediation.(3) If a case is scheduled for mediation, briefing deadlines in the case may be stayed for up to 60 days pending further order of the Court.(4) The mediation may be conducted in person or via teleconference (e.g., Zoom).(5) Upon suggestion of the parties, the Court may order a mediation stay without ordering a mediation session.(C) Mediation procedure(1)Confidential Mediation Statement. At least 10 days in advance of the mediation, the parties shall send to the assigned mediator, via email, a confidential mediation statement containing the following information: (a) Case caption and Court of Appeals case number;(b) A brief description of the underlying conflict between the parties that led to the litigation;(c) A brief statement regarding any final appealable order issues and the standards of review that apply to the instant appeal;(d) A statement of any significant facts or issues that may have a continuing impact on settlement both from the authoring party's perspective and from what the authoring party perceives to be the opposing party's perspective;(e) A statement of the strong and weak points of the authoring party's case;(f) A history of settlement negotiations to date;(g) A statement of an appropriate settlement, including dollar amount or range and any other terms;(h) A statement of goals with regard to the dispute including, but not limited to, goals that can be facilitated by the Court;(i) Disclosure of any other pending or anticipated litigation between the parties.(2)Attendance. Unless otherwise instructed by the Court, the following persons must attend the mediation: counsel, the parties necessary for full settlement authority including insurance adjustors, and self-represented litigants. "Counsel", for purposes of this rule, means the attorney with primary responsibility for the case and upon whose advice that party relies.(3)Uniform Mediation Act. The Ohio Uniform Mediation Act, R.C. Chapter 2710, is incorporated by reference and adopted by this Court through this local rule.(4)Privileged Communications and Confidentiality. The privilege and confidentiality provisions of the Uniform Mediation Act, R.C. Chapter 2710, apply to all mediation conferences. Mediation communications shall be privileged and therefore shall not be disclosed by the mediator or by the parties and shall not be used by the parties when presenting or arguing the case. Mediation communications shall also be confidential unless all parties and the mediator consent to disclosure. The mediator will not discuss the substance of the mediation with any of the judges and will only provide information regarding the final outcome of the mediation (i.e., settled, not settled, continuing negotiations).(D) Noncompliance sanctionsIf a party or attorney fails to comply with the provisions of this rule or the provisions of the mediation order, the Court 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 costs or dismiss the appeal or original action.
(E) Referral to resourcesThe Court Administrator shall maintain resources for mediation parties, including victims and suspected victims and suspected victims of domestic violence, regarding appropriate referrals to legal counsel and other support services.
Amended eff. 1/1/2022; amended eff. 2/1/2024.