Rule 19.01 - Referral of Cases for Mediation(A) Referral (1) The Supreme Court may, sua sponte or on motion by a party, refer to its mediator for mediation any case that originated in the court of appeals, any appeal from an administrative agency, any original action, or, pursuant to S.Ct.Prac.R. 4.02, any civil case that the Supreme Court 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. (2) Unless otherwise provided by court order, referral of a case for mediation stays all filing deadlines in a case until further notice. The Clerk of the Supreme Court shall not accept for filing any documents while a case is in mediation unless expressly permitted by S.Ct.Prac.R. 19.01(A)(3) or by court order. (3) 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; (d) An application to dismiss the case pursuant to S.Ct.Prac.R. 4.05; (e) A notice related to counsel; (f) A motion for leave to redact personal identifiers as defined by Sup.R. 44(H); (B) Statements(1) Any party seeking a monetary settlement shall prepare a statement setting forth the amount of the demand and a detailed explanation for it. Such party shall submit this statement to the opposing parties and to the mediator ten days prior to the scheduled mediation. This statement will not be filed in the case. (2) Parties may submit to the mediator a confi dential statement analyzing the settlement potential of the case. The mediation counsel will not disclose this statement to the other parties, unless the submitting party consents to disclosure. This statement will not be filed in the case.(C) Attendance (1) If a case is referred for mediation, each party to the case, or the representative of each party who has full settlement authority, and the attorney for each party shall attend the mediation conferences, unless excused by the mediator. If a party or its representative is excused from a 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 Supreme Court 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 Supreme Court may also dismiss the action, strike documents filed by the offending party, or impose any other appropriate penalty. (D) Extension of time to file briefs or other documents Notwithstanding S.Ct.Prac.R. 3.03(B), the Supreme Court, sua sponte or upon motion by a party, may extend filing deadlines or stay the case referred under this rule, if the extension or stay will facilitate mediation. A request for an extension of time shall be filed with the Clerk of the Supreme Court within the time prescribed by the rules for filing the brief or other document that is the subject of the request.
(E) Supreme Court orders The Supreme Court may issue orders to supervise mediation. At the conclusion of the mediation, the Supreme Court will enter an appropriate order.
Ohio. R. Prac. S. Ct. 19.01
Amended: 1/1/2013; 1/1/2015.