Ohio Loc. App. R. 20

As amended through October 29, 2024
Rule 20 - Prehearing conference; mediation
(A) Ohio Uniform Mediation Act. The Ninth District Court of Appeals incorporates by reference the "Uniform Mediation Act," R.C. 2710.
(B) Mediator Training and Education. The Court's Mediation Attorney shall meet the qualifications of and comply with all training requirements of Sup.R. 16.23 and adopted pursuant to Sup.R. 16.22 governing mediators and mediation.
(C) Cases Eligible for Mediation.
(1) This Court has discretion to encourage parties to use mediation in any civil appeal or any other action filed in this Court that can be legally mediated. This Court may issue an order for mediation on its own motion, upon the motion of counsel, upon the request of a party, or upon referral by the mediator. Any party may telephone the Mediation Attorney to make a confidential request for mediation or to request that a scheduled mediation be canceled.
(2) Mediation is prohibited in cases identified in Sup.R. 16.21.
(D) Nothing in this division shall prohibit the use of mediation in cases where it is authorized by Sup.R. 16.21.
(E) Scheduling.
(1) The Court's Mediation Attorney will review the notice of appeal, the trial court's judgment from which the appeal is taken, the docketing statement, or any other relevant appellate or trial court filings to determine whether a mediation conference will be scheduled.
(2) When an appeal is selected for a mediation conference, the Mediation Attorney will notify the attorneys of record, or the parties if unrepresented, of the date, time, and location of the mediation contact(s). At the discretion of the Mediation Attorney, mediation contacts will be conducted in person, by telephone, by video, or a combination of telephone, in person, or video conferences.
(3) When possible, in-person mediations will be held in the county from which the appeal originates. At the discretion of the Mediation Attorney, in-person mediations may be conducted in another county within the District.
(F) Purposes and Conduct of the Mediation Conference.
(1) The goals of the mediation conference are to (a) explore settlement possibilities (b) to simplify the issues in the appeal if settlement is not achieved, and (c) to address any procedural problems which exist, may arise, or are anticipated in connection with the appeal.
(2) Counsel, parties, and any other persons whose consent is necessary to discuss settlement (including insurance adjusters) are required to attend the mediation conference. "Counsel," for purposes of this Rule, means an attorney who is not only conversant with the case but upon whose advice the party relies. Persons excused in advance by the Mediation Attorney from attending in person shall be available by telephone.
(3) In the discretion of the Mediation Attorney, the parties may be required to provide a written mediation statement in advance of the mediation conference. Any such mediation statements are considered mediation communications and are subject to the privilege and confidentiality provisions set forth in this Rule. As such, they are to be sent to the attention of the Mediation Attorney in lieu of filing with the respective Clerk of the Court of Appeals.
(G) Extensions of Time to Transmit Record and File Briefs. The Mediation Attorney will attempt to schedule mediation conferences as expediently as possible after the notice of appeal is filed. The scheduling of a mediation conference, however, does not automatically stay the time in which the transcript of proceedings must be transmitted or the briefs must be filed. Prior to the mediation conference, any party may telephone the Mediation Attorney and request an extension of time in which to transmit the record or file the brief and assignments of error until after the mediation conference has been conducted. Thereafter, extensions of time may be recommended by the Mediation Attorney upon a party's oral request.
(H) Privilege and Confidentiality.
(1) Privilege. Mediation communications are privileged pursuant to R.C. 2710.03 and exceptions to the privilege apply as outlined in R.C. 2710.05. The privileges may be waived under R.C. 2710.04.
(2) Confidentiality. 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. The following mediation communications are not confidential:
(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.
(3) 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.
(I) The Mediation Attorney shall maintain information for mediation parties, including victims and suspected victims of domestic violence. The Mediation Attorney will have information regarding referrals for legal counsel and other support services such as Children Services, domestic violence prevention, counseling, substance abuse, and mental health services. Any information provided shall not be construed as a recommendation of the resource. The recipient of the information has a duty to investigate the resource independently.
(J) It is the goal 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 participants. Any mediation participant may provide comments, complaints, or feedback regarding the performance of the Mediation Attorney to the Mediation Attorney or the Court Administrator.

Ohio. Loc. App. R. 20

Adopted eff. 2/11/2017; amended eff. 1/1/2022.