Ohio L.C.C.R. 22

As amended through January 10, 2024
Rule 22 - Mediation
(A) Referral
(1) The Court of Claims may, sua sponte or on motion by a party, refer to mediation any civil case that the Court of Claims deems appropriate. The mediator may conduct mediation conferences at which the parties shall explore settling the case, simplifying the issues, and expediting the procedure, and may consider any other matter that might aid in resolving the case.
(B) Stay of Proceedings
(1) Unless otherwise provided by court order, referral of a case for mediation does not stay filing deadlines in an action.
(2) The mediator shall have the authority to return cases to the regular docket if the parties are not making progress in resolving their case. Entries lifting stays, including entries returning cases to the regular docket, shall set forth when filings will be due. If no stay of the filing schedule is in effect, or if a stay has been lifted, parties must file documents when such filings are due, and the Court of Claims will dismiss cases for want of prosecution or take other action if the parties do not file documents timely.
(C) Discovery.

Mediation shall not stay discovery, which may continue throughout the mediation process in accordance with the Rules of Civil Procedure.

(D) Attendance
(1) If a case is referred for mediation, the attorney for each party shall attend the initial mediation conference. Each party to the case, or the representative of each party who has full settlement authority, and the attorney for each party shall attend all subsequent mediation conferences, unless excused by the mediator. If a party or its representative is excused from a mediation conference, the party or its representative must provide its attorney authority beyond initial mediation positions, and the party or its representative must be available for consultation during the course of the mediation.
(2) If a party or an attorney fails to attend the mediation conference without being excused, the Court of Claims may assess the party or the attorney reasonable expenses caused by the failure, including reasonable attorney fees or all or a part of the expenses of the other party. The Court of Claims may also dismiss the action, strike documents filed by the offending party, or impose any other appropriate penalty.
(E) Continuances

A request for a continuance of the mediation conference must be directed to the Court of Claims (or for cases referred to the Dispute Resolution Section of the Supreme Court of Ohio, to the Dispute Resolution Section of the Supreme Court of Ohio) and must be submitted in writing, stating good cause for a continuance.

(F) Settlement

If a claimant and the state execute an agreement to settle a claim filed in the Court of Claims, such agreement is subject to L.C.C.R. 9 of the Rules of the Court of Claims.

(G) Privileges and Confidentiality
(1)General

The provisions of the Uniform Mediation Act set out in R.C. 2710 et seq., apply to all mediations in the Court of Claims. The definitions contained in R.C. 2710.01 apply to Court of Claims mediation. 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. Mediation communications are confidential, and no one shall disclose any of these communications unless all parties and the mediator consent to disclosure. The Court of Claims may impose penalties for any improper disclosures made in violation of this rule.

(2) Exceptions

All mediation communications are confidential with the following exceptions:

(1) Parties may share all mediation communications with their attorneys,
(2) Attorneys may share all mediation communications with the parties,
(3) The mediator may inform the Court of Claims or report to the proper authorities certain information, including the following:
(a) Allegations of abuse or neglect of a child;
(b) Certain threats of harm to other people or oneself;
(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.

Ohio. L.C.C.R. 22