The court offers a mediation service to litigants who have a case pending in the court and provides a mediator at no charge. The following mediation procedures apply to this service.
(A)Scheduling a Mediation. The court's mediation attorney shall review the notice of appeal, the trial court's judgment from which the appeal is taken, and the docketing statement in all civil and administrative appeals to determine whether a mediation will be scheduled.(1)Exceptions. As set forth in Sup.R. 16.21, mediation is prohibited in the following: (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 the protection order; (d) In determining the penalty for violation of a protection order.(2) 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. If a 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.
Any party may telephone the court to make a confidential request for mediation or to request that a scheduled mediation be canceled.
(B)Purposes and Procedure of the Mediation. Only the court's mediation attorney will conduct mediations. 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 deal with any procedural problems which exist, may arise, or are 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, i.e. preparation of the transcript of proceedings or briefs.
(C)Automatic Stay of Filing Deadlines. Unless otherwise provided by court order, referral of a case for mediation stays all filing deadlines up to 60 days, including the record and briefs, in a case until further notice. The clerk shall not accept for filing any documents while a case is in mediation unless expressly permitted 6th Dist.Loc.App.R. 13(C)(1) or by court order. (1) Only the following documents may be filed while a case is in mediation: (a) A motion to lift the mediation stay; (b) A response to a motion to lift the mediation stay; (c) A second notice of appeal or notice of cross-appeal; (e) A notice related to counsel(f) A motion for leave to redact personal identifiers as defined by Sup.R. 44(H); (D)Privilege and Confidentiality.(1) The R.C. 2710 "Uniform Mediation Act" (UMA), is incorporated by reference and adopted by this court through this local rule.(2) The definitions contained in R.C. 2710.01 apply to all mediation conferences.(3) 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.(4) Mediation communications are confidential, and no one shall disclose any of these communications unless all parties and the mediator consent to disclosure.(E)Noncompliance Sanctions . If a party or attorney fails to comply with the provisions of this rule, the court may impose appropriate sanctions.(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)Evaluation, Comments, and Complaints. Any mediation participant may submit written comments, complaints, or feedback regarding the performance of the mediator to the court administrator.Effective 7/1/1992; effective 1/1/1998; effective 11/1/2000, amended, effective 3/15/2005; 7/1/2006; 7/1/2013; 1/1/2020; 2/12/2020.