Rule 16.22 - Responsibilities of Mediator (A)General responsibilitiesIn order to provide a fair mediation process for parties, a mediator who mediates for a court shall remain impartial and neutral and shall comply with all of the following:
(1) The "Core Values of Mediation," as approved by the Supreme Court Dispute Resolution Section in accordance with recommendations established by the Commission on Dispute Resolution;(2) The "Model Standards of Conduct for Mediators" adopted by the American Bar Association, American Arbitration Association, and the Association for Conflict Resolution; (3) For mediation in domestic relations or juvenile courts, the "Model Standards of Practice for Family and Divorce Mediation" adopted by the Association for Family and Conciliation Courts; (4) For mediation in juvenile courts of abuse, neglect, and dependency cases, the "Guidelines for Child Protection Mediation" adopted by the Association for Family and Conciliation Courts. (B)Conflicts of interest(1) A mediator shall avoid any actual or apparent conflicts of interest arising from any relationship or activity, including but not limited to those of employment or business or from professional or personal contacts with parties or others involved in the dispute. A mediator shall avoid self-dealing or association from which the mediator might directly or indirectly benefit, except from compensation for services as a mediator. (2) Upon becoming aware of any actual or apparent conflict of interest, a mediator shall notify the parties as soon as practicable. (3) The requirements of this rule are in addition to and do not supersede the requirements of R.C. 2710.08. Wherever a conflict exists between this rule and R.C. 2710.08, the statute shall control. (C)Legal AdviceA mediator shall not offer legal advice.
(D)Satisfaction of training requirements(1) A mediator shall meet the qualifications and comply with all training requirements of Sup.R. 16.23 and local court rules governing mediators and mediation adopted pursuant to Sup.R. 16.21. (2) A mediator shall meet the qualifications for mediators for each court in which the mediator serves and promptly advise the court of any grounds for disqualification or any issues affecting the ability to serve. (3) Upon request, a mediator shall provide a court from which the mediator receives referrals documentation indicating compliance with all training and education requirements so that the court may meet the requirements of Sup.R. 16.24(A)(1)(d). The documentation shall include information detailing the date, location, contents, credit hours, and sponsor of any relevant training.Ohio. R. Superi. Ct. 16.22
Adopted September 10, 2019, effective 1/1/2020.