Rule 22 - PREHEARING MEDIATION CONFERENCE PROCEDUREPursuant to App. R. 20, Sup.R. 16, and the R.C. Chapter 2710 "Uniform Mediation Act" ("UMA"), including all definitions found in R.C. 2710.01, this court hereby adopts the following prehearing mediation conference procedure:
(A)Cases Eligible for Mediation.(1) The court has discretion to schedule mediation in any civil, domestic relations, juvenile custody or support, probate, or administrative appeal, as well as orginal actions.(2) Mediation is prohibited in the following situations:(a) As an alternative to the prosecution or adjudication of domestic violence;(b) In determining whether to grant, modigy, or terminate a protection order;(c) In determining the terms and conditions of a protection order, and(d) In determining the penalty for violation of a protection order.(3) Nothing in this rule 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 if the case involves juvenile-perpetrated domestic violance.(B)Prehearing Mediation Conference.(1) The court shall review the docket statement filed pursuant to Loc.R. 4 or complaint filed pursuant to Loc.R. 20 to determine whether a prehearing mediation conference would be of assistance to the parties or the court. If a prehearing mediation conference is advisable, the court will notify the parties of the date, time, and location/format of the prehearing mediation conference.(2) In addition, any party may request a prehearing mediation conference by contacting the mediation attorney or by written motion to the court. Such requests may be made confidentially if the requesting party desires. Such requests shall be submitted as soon as possible after initiation of the appeal. Requests for a prehearing mediation conference may or may not be granted by the court.(3) The prehearing mediation conference shall be held with the court's mediation attorney. Conferences conducted in person shall be subject to the attendance requirements of Section (D) of this rule. Follow-up conferences may be conducted, and may be attended either in person, by video conference or by telephone as directed by the court. The primary purposes of the prehearing mediation conference are: (a) to explore settlement possibilities through mediation;(b) to simplify the issues in the appeal or original action if settlement is not possible; and(c) to address any anticipated procedural problems. Additionally, any other matters that the mediation attorney determines may aid in handling the disposition of the proceedings will be addressed.
(4) It is desirable to hold the prehearing mediation conference before the parties incur additional expense. Therefore, the court will make every effort to schedule the prehearing mediation conference before the transcript of proceedings is to be filed or before the appellant's brief is due if no transcript of proceedings is to be filed. Because this is not always possible, the parties are cautioned that the scheduling of a prehearing mediation conference does not automatically stay the time to file the transcript of proceedings or briefs. (5) At the conclusion of the prehearing mediation conference, the court's administrative judge or a magistrate, upon recommendation of the mediation attorney, may enter an order setting forth the actions taken based on the agreements reached by the parties, or may order a limited remand to the trial court for entry of such an order. Such order shall govern the subsequent course of proceedings unless modified by the court. The parties shall discuss any orders necessary for the furtherance of their agreement with the mediation attorney.(C)Attendance at Mediation Proceedings. Unless otherwise instructed by the court, the following persons shall attend the prehearing mediation conference in person: counsel, the parties necessary for full settlement authority including insurance adjustors, and litigants not represented by counsel. "Counsel," for purposes of this rule, means the attorney with primary responsibility for the case and upon whose advice the party relies. When counsel who primarily advises the client is not the attorney primarily responsible for the matters on appeal, both attorneys are required to participate unless otherwise directed in advance by the mediation attorney. Persons excused in advance by the mediation attorney from attending in person shall be available by telephone or video conference during the scheduled conference or as otherwise directed by the mediation attorney.(D)Extension of Time.(1)If a prehearing mediation conference or other mediation acitivity is scheduled shorly before or after a deadline for filing some or all of the trial court record, some or all of the transcript, a motion, or a brief, the affected party may telephone or email the mediation attorney and request that the court issue asua sponteorder extending the time in which to transmit the record or transcript or file the motion or brief.(2) Requests for extensions may be made orally at the prehearing mediation conference. While the case is active in the mediation program, such requests may be made by telephone or email to the mediation attorney.(3) While the court and the mediation program will make every effort to minimize filings related to mediation, the court has discretion to require that the request be made by written motion pursuant to App. R. 10 or 14 and Loc. R. 10 or 14.(4) In all instances, the request shall be made prior to the time sought to be extended has expired and shall indicate whether any other party opposes the request for extension. Requests for extension may be granted if the court deems the extension would facilitate settlement.(E)Privilege and Confidentiality. The privilege and confidentiality provisions of the Uniform Mediation Act, R.C. Chapter 2710, apply to all prehearing mediation conferences and mediation communications. Mediation communications shall be privileged and therefore shall not be disclosed by the mediation attorney or by the parties and shall not be used by the parties when presenting or arguing the case. Mediation communications shall remain confidential unless all parties and the mediation attorney consent in writing to disclosure.(F)Noncompliance; Sanctions. Failure to comply with the provisions of this rule or any order of the court relating to a prehearing mediation conference may result in dismissal of the proceeding or assessment of such costs as may be attributable to noncompliance including, but not limited to attorney fees and court costs.Amended effective 2/3/2023.