Rule 79 - Dispute ResolutionThe probate division of a court of common pleas or a family court exercising probate jurisdiction may encourage the use of alternative dispute resolution in any matter the court deems appropriate. A judge is authorized to facilitate the use of voluntary alternative dispute resolution processes by taking any one or more of the following actions in disputes brought to the attention of the court:
(A) Suggesting that the parties engage in settlement negotiations and appropriately participate in such negotiations;(B) Informing the parties about eldercaring coordination, if available, and, upon agreement of the parties, entering an appropriate order either referring the dispute to eldercaring coordination or implementing the result of the eldercaring coordination process. As used in this rule, "eldercaring coordination" means a dispute resolution process modeled after the concept of parenting coordination for high-conflict families regarding the care and safety of elders.(C) Referring the parties to mediation consistent with Sup.R. 16 and a local rule governing mediation, if any;(D) Informing the parties about the availability of early neutral evaluation programs, including those offered by local bar associations, and, upon agreement of the parties, entering an appropriate order doing any of the following: (1) Referring the dispute to early neutral evaluation;(2) Staying the proceedings in the litigation for up to sixty days pending completion of the early neutral evaluation process;(3) Implementing the result of the early neutral evaluation process.(E) Upon request of the parties to the litigation, evidenced by a written certification of agreement from all parties, entering such orders to refer the dispute to any other alternative dispute resolution method as the judge deems to be consistent with the interest of justice.Adopted January 29, 2019, effective 1/29/2019.