Rule 16.24 - Responsibilities of Court (A)General (1) In order to ensure only qualified individuals perform the duties of a mediator and the requirements of Sup. R. 16.20 through 16.25 are met, a court that elects to use mediation shall do all of the following: (a) Establish screening procedures for the capacity of parties to mediate; (b) Establish procedures for monitoring and evaluating mediation to ensure the quality of the mediators and programs to which cases are referred;(c) Develop a process and appoint a person for accepting and considering written comments and complaints regarding the performance of mediators receiving referrals from the court. A copy of comments and complaints submitted to the court shall be provided to the mediator who is the subject of the complaint or comment. The person appointed may forward any comments and complaints to the administrative judge of the court for consideration and appropriate action. Dispositions by the court shall be made promptly. The court shall maintain a written record in the mediator's file regarding the nature and disposition of any comment or complaint and shall notify the person making the comment or complaint and the mediator of the disposition. (d) Allow mediation to proceed only if the mediator meets the qualifications, education, and training requirements of Sup.R. 16.23; (e) Prohibit mediation when domestic abuse or domestic violence is alleged, suspected, or present unless all of the following conditions are satisfied: (i) Screening is conducted, both before and during mediation, for domestic abuse and domestic violence and for the capacity of the parties to mediate; (ii) The person who is or may be the victim of domestic abuse or domestic violence is fully informed about the mediation process, right to decline participation in the mediation process, and of the option to have a support person, in addition to an attorney, present at the mediation sessions; (iii) The parties have the capacity to mediate without fear of coercion or control; (iv) The court has taken reasonable precautions to create a safe mediation environment for the parties and all other persons involved in the mediation process; (v) Procedures are in place for the mediator to terminate a mediation session if there is a threat of domestic abuse, domestic violence, or coercion between the parties; (vi) Procedures are in place for issuing written findings of fact to refer certain cases involving domestic violence to mediation, as required by R.C. 3109.052. (B)GeneralA court shall not be responsible for the quality of a mediator selected by the parties without guidance from the court and who does not meet the qualifications, education, and training requirements of Sup.R. 16.23.
Ohio. R. Superi. Ct. 16.24
Adopted September 10, 2019, effective 1/1/2020.