Ohio R. Superi. Ct. 15

As amended through October 29, 2024

Rule 15 - Arbitration

(A) Arbitration in civil cases.

(1) The judge or judges of general divisions of courts of common pleas, of municipal courts, or of county courts shall consider, and may adopt, a plan for the mandatory arbitration of civil cases. The plan shall specify the amount in controversy that will require submission of the case to arbitration and arbitration shall be required in cases where the amount in controversy does not exceed that specified sum. Arbitration shall be permitted in cases where the amount in controversy exceeds the sum specified in the plan for mandatory arbitration where all parties to the action agree to arbitration. The court shall determine at an appropriate pre-trial stage whether a case is to be referred to mandatory arbitration.

(2) Every plan for the mandatory arbitration of civil cases adopted pursuant to this rule shall be filed with the Supreme Court and shall include the following basic principles:

(a) Actions excluded. Actions involving title to real estate, equitable relief and appeals shall be excluded.

(b) Arbitrators. The court shall establish a list of qualified attorneys who have consented to serve as arbitrators. The court shall appoint from the list an arbitrator who has no interest in the determination of the case or relationship with the parties or their counsel that would interfere with an impartial consideration of the case. Upon written request of a party, the court shall appoint a board of three arbitrators in the same manner as a single arbitrator is appointed.

(c) Report and award. Within thirty days after the hearing, the board or the single arbitrator shall file a report and award with the clerk of the court and forward copies to all parties or their counsel. The report and award, unless appealed, shall be final and have the legal effect of a verdict upon which judgment shall be entered by the court.

(d) Appeals. Any party may appeal the award to the court if, within thirty days after the filing of the award with the clerk of court, the party does both of the following:

(i) Files a notice of appeal with the clerk of courts and serves a copy on the adverse party or parties accompanied by an affidavit that the appeal is not being taken for delay;

(ii) Reimburses the county or municipal corporation for all fees paid to the arbitrator or arbitrators in the case or pays the fees directly to the arbitrator or arbitrators, unless otherwise directed by the court.

All appeals shall be de novo proceedings at which members of the deciding board or the single arbitrator are barred as witnesses.

Exceptions to the decision of the board or single arbitrator based on either misconduct or corruption of the board or single arbitrator may also be filed by any party within thirty days after the filing of the report, and, if sustained, the report shall be vacated.

(B) Arbitration in juvenile and domestic relations cases.

(1) The judge or judges of a division of a court of common pleas having domestic relations or juvenile jurisdiction may, at the request of all parties, refer a case or a designated issue to arbitration.

(2) The parties shall propose an arbitrator to the court and identify all issues to be resolved by the arbitrator. The arbitrator shall consent to serve and shall have no interest in the determination of the case or relationship with the parties or their counsel that would interfere with the impartial consideration of the case. An arbitrator selected pursuant to this section is not required to be an attorney.

(3) The request for arbitration submitted by the parties shall provide for the manner of payment of the arbitrator.

(4) The arbitrator shall file a report and award pursuant to division (A)(2)(c) of this rule.

(5) Any party may appeal the report and award pursuant to division (A)(2)(d) of this rule.

Ohio. R. Superi. Ct. 15

Commentary (July 1, 1997)

The rule establishes guidelines for arbitration procedures. Adoption of a plan for the arbitration of cases is within the discretion of the court. Arbitration has been proven to be an effective method of case disposition.

Two changes are made from the former rule. The rule now permits the appointment of a single arbitrator or a panel of three arbitrators. This change was recommended by the Supreme Court Committee on Dispute Resolution. The amendment brings the rule into conformance with practice in several courts and provides a more cost effective route for litigants who seek arbitration services. Further, the use of a single, trusted, respected neutral should eliminate some advocacy that currently takes place when the three arbitrators engage in the decision-making aspect of the process. Also, as a cost savings measure, the rule provides for the direct payment of fees to the arbitrator or arbitrators.

Commentary (November 30, 1992 Amendment to C.P. Sup. R. 15)

Rule 15 authorizes the general division of a court of common pleas to permit mandatory arbitration, by local rule, in civil cases. The Supreme Court Committee on Dispute Resolution has reviewed this rule in the context of cases in the juvenile and domestic relations divisions of the common pleas courts. In these divisions, the Committee believes that the use of arbitration in appropriate cases would be of benefit to both the parties and the court. The Committee believes that the primary use of arbitration in juvenile and domestic relations cases would occur in cases involving the valuation of real and personal property.

By way of example, the appraisal of real and personal property involved in a divorce proceeding generally requires expert evaluation of the worth. However, in cases where there is a significant dispute or difference of opinion between the experts regarding the worth of the property, the Committee believes that the parties could benefit by having the option to request arbitration of the issue. A court could reserve ruling on issues of spousal support, child support, or custody until the valuation of personal and real property has been arbitrated. This process would free the court to direct its attention to other cases.

Accordingly, the Committee recommends the adoption of division (B). This division would permit the parties, with leave of court, to select an arbitrator for a case or an issue. The parties would select an arbitrator and propose this arbitrator to the court. Under the rule, the judge may, but is not required to, grant the parties leave to have the case or issue arbitrated. This permissive rule will allow the judge to intervene when he or she feels that the selection of the arbitrator by the parties is not appropriate under the specific circumstances of a given case. However, the Committee also stresses its strong belief in the fundamental principle that parties should be permitted to freely contract between themselves, unless strong public policy reasons intervene.

Division (B) also provides that the arbitrator need not be an attorney. In some cases, an expert from outside the area of the law may have the expertise necessary to provide a fair and just decision to the parties. The remaining provisions of division (B) mirror the requirements for arbitration in the general division of the court.