(A)Uniform Mediation Act and Definitions. The "Uniform Mediation Act" (UMA), codified in R.C. Chapter 2710, as well as all definitions found in R.C. 2710.01, are incorporated by reference and adopted by this court through this local rule.(B)Cases Eligible for Mediation; Exceptions; Scheduling.(1)General. The court's mediator will review the notice of appeal, the trial court's judgment, and the docket statement in all civil and administrative appeals to determine whether mediation is appropriate. A case may be submitted to mediation upon referral by the mediator, upon the motion of counsel, or the court may issue an order on its own motion. Additionally, any party may telephone the court to request mediation. Any request for mediation will be confidential if the requesting party desires.(2)Exceptions. Mediation is prohibited as follows:(a) As an alternative to the 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.(4)Scheduling. Once a case is selected or referred for mediation, the court will notify the attorneys, or the litigants if unrepresented, of the name of the mediator and the date, time and location of the mediation.(C)Purpose and Procedure. The person conducting the mediation will be the court's mediator. The attorneys primarily responsible for the case, as well as their clients, are required to attend the mediation in person, or with the approval of the mediator, by telephone. The goals of the mediation are: (1) to explore settlement possibilities, (2) to simplify the issues in the appeal if settlement is not achieved, and (3) to consider any procedural problems that exist, may arise, or be anticipated in connection with the appeal. The court will attempt to schedule the mediation before any additional expense is incurred by the parties in proceeding with the appeal, that is, before the transcript of proceedings, if any, is filed or before appellant's brief is due, if no transcript of proceedings is to be filed.
(D)Stay of Proceedings; Extensions of Time to Transmit Record and File Briefs. Upon referral of a case to mediation, the court may elect to stay all filings for up to sixty (60) days. The clerk of courts shall not accept for filing any documents while a case is in mediation unless expressly permitted by these rules or by court order. Only the following documents may be filed while a mediation stay is in effect:(1) Motion to lift the mediation stay;(2) Response to a motion to lift the mediation stay;(3) Joint motion to dismiss the appeal;(4) Notice related to counsel. If a stay of proceedings is not issued by the court and if a mediation 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 telephone the mediator and request an order extending the time, until after the mediation, in which to transmit the record or file a brief. Thereafter, if the mediator determines that the parties are negotiating in good faith, additional extensions of time will be recommended on a party's oral request.
(E)Confidentiality.(1)General. All mediation communications related to or made during the mediation process are subject to and governed by the Uniform Mediation Act. Mediation communications are confidential, and no one shall disclose any of these communications unless all parties and the mediator consent to disclosure. This court may impose penalties for any improper disclosures made in violation of this rule. Disputes regarding confidentiality should first be addressed with the mediator where possible. By participating in mediation, a nonparty participant, as defined by R.C. 2710.01(D), submits to the court's jurisdiction to the extent necessary for enforcement of this rule. Any nonparty participant shall have the rights and duties under this rule as are attributed to parties, except that no evidence privilege shall be expanded.
(2)Exceptions. All mediation communications are confidential with the following exceptions: (a) Parties may share all mediation communications with their attorneys;(b) Certain threats of abuse or neglect of a child or an adult;(c) Statements made during the mediation process to plan or hide an ongoing crime;(d) Statements made during the mediation process that reveal a felony.(F)Referral to Resources. The court administrator 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.(G)Noncompliance Sanctions. If a party or attorney fails to comply with the provisions of this rule or the provisions of the mediation notice, the court may 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. Such sanctions may be imposed by the court sua sponte or at a party's request.(H)Evaluation, Comments, and Complaints. It is the policy of the court to use mediation to benefit the parties, to assist in reaching a resolution, and to provide a process that is timely and flexible that maintains the trust and confidence of the people. Any mediation participant may submit written comments, complaints or feedback regarding the performance of the mediator provided by the court.As amended through 6/1/2021; as amended effective 3/2/2022.