- At any time any action under the jurisdiction of this
Court may be referred to mediation by:
- Voluntary referral by motion of all parties; or
- Selection by the Judge of this Court.
- The Court shall issue a “Notice of Scheduled
Mediation”, which shall identify the Mediator,
the parties and their counsel, with contact information.
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Participation in mediation is voluntary
unless referred by the Court, but the Court may not require
that settlement be reached on any particular issue.
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The Mediator shall contact the
parties and schedule the mediation.
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Fees for the mediator shall be set
by the Court Administrator.
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A mediator will be assigned by the
Court to conduct the mediation and submit an agreement
or report within ninety (90) days.
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Ensure that parties are allowed
to participate in mediation, and if the parties wish,
that their attorneys and other individuals they designate
are allowed to accompany them and participate in mediation.
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Screen for domestic violence both
before and during mediation.
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Encourage appropriate referrals
to legal counsel and other support services for all
parties, including victims of and suspected victims
of domestic violence.
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Prohibit the use of mediation in
any of the following:
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As an alternative to the prosecution
or adjudication of domestic violence;
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In determining whether to grant,
modify or terminate a protection order;
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In determining the terms and
conditions of a protection order; and
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In determining the penalty for
violation of a protection order.
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All mediation communications related
to or made during the mediation process are subject to
and governed by the "Uniform Mediation Act"
(UMA) R. C. 2710.01 to 2710.10, the Rules of Evidence
and any other pertinent judicial rule(s).
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If a final agreement is reached,
that agreement may be filed under seal to preserve
confidentiality, provided that the parties request
that the agreement be sealed and the Court approves.
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At the conclusion of the mediation
and in compliance with R. C. 2710.06, the Court shall
be informed of the status of the mediation including all
of the following:
- Whether the mediation occurred or was terminated;
- Whether a settlement was reached on some, all or none
of the issues; and
- Future mediation session(s), including date and time.
- Further action required by the Court.
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If a dispute involves a matter under
the jurisdiction of the Probate Court, including a client
with mental health, mental retardation and developmental
disability, or aging adult issues, but a guardianship
case has not been filed, an agency may file a Motion with
the Court to refer the matter to mediation. A case shall
be referred if mediation is likely to resolve the dispute
as a less restrictive alternative to guardianship.
[Adopted effective June 10, 1998; amended
effective May 1, 2002; February 1, 2008.] |