Rule 5 - APPELLATE MEDIATION CONFERENCE(A)Uniform Mediation Act and DefinitionsR.C. Chapter 2710, the Uniform Mediation Act ("UMA"), including all definitions found in R.C. 2710.01, are incorporated by reference and adopted by this court through Loc.R. 5.
(B)Applicability(1) This rule applies to all non-criminal appeals in this court. Mediation shall be prohibited, however, in the following instances:(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.(2) Nothing in this division shall prohibit the use of mediation in a subsequent divorce or custody case even though the 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.(C)Appellate Mediation Conference(1) Appeals to which this rule applies shall be reviewed by a mediator of the court to determine if an appellate mediation conference, pursuant to App.R. 20, would be of assistance to the court or parties. Any party may request an appellate mediation conference; however, the request need not be granted.(2) If an appeal is selected for an appellate mediation conference, upon notice, the attorneys, and the parties if requested, shall attend the appellate mediation conference before a mediator of the court, to consider the possibility of settlement, the simplification of issues, and such other matters as may aid in the disposition of the proceedings by the court.(3) Any case selected for an appellate mediation conference which has been assigned to the accelerated calendar shall be removed from the accelerated calendar and assigned to the regular calendar. (D)Confidentiality(1) All mediation communications related to or made during the mediation process, including communications made before and after the appellate mediation conference, are subject to and governed by the UMA. 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 sanctions for any improper disclosures made in violation of this rule. Disputes regarding confidentiality should first be addressed with the mediator when possible.(2) 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.(3) All mediation communications are confidential with the following exceptions: (a) Parties may share all mediation communications with their attorney;(b) Certain threats of abuse or neglect of a child or an adult;(c) Statements made to plan or hide an ongoing crime or that reveal a felony.(E)Non-compliance SanctionsIf a party or attorney fails to comply with the provisions of this rule or the provisions of the Appellate Mediation Conference Order, this court may impose sanctions which may include, but are not limited to, the award of reasonable expenses or costs caused by the failure, including attorney fees. The court may also assess all or a portion of the appellate court costs or dismiss the appeal.
(F)Referral to ResourcesThe court administrator shall maintain resources for parties to an appellate mediation conference, 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, and substance abuse and mental health services.
(G)Evaluation, Comments and ComplaintsIt is the policy of the court to use mediation to benefit the parties, to assist in reaching resolutions of cases, and to provide a process that is timely and flexible that maintains the trust and confidence of the public. Any mediation participant may submit written comments, complaints, or feedback to the court administrator regarding the performance of the court's mediators.
Amended effective 7/1/2015; as amended effective 7/1/2021; amended effective 7/1/2023; amended effective 7/1/2024.