Ohio Motion to Refer Case to Mediation

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Multi-State
Control #:
US-02642BG
Format:
Word; 
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Description

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.


Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

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FAQ

7.01. [See Appendix C for a sample notice of appeal from a court of appeals.] The Clerk of the Supreme Court shall send a copy of any notice of appeal or cross-appeal to the clerk of the court of appeals whose judgment is being appealed.

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, ?This is all your fault? or ?If not for you, I wouldn't have been injured.? Placing blame can raise the other party's guard, which could make them less likely to compromise.

In Ohio, a defendant must respond within 28 days after being served the summons and complaint or after completion of service by publi- cation (Ohio Civ. R. Rule 12).

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time ...

9 Ground Rules for Mediation Vegas Rule. ... "Tackle problems, not people" ... Chatham House Rule. ... "Share the air" ... "Discuss undiscussable issues" ... Windshield Rule. ... "Explore interests, not positions" ... "Use ?I? statements"

(1) The mediator shall assist the parties in reaching a mutually acceptable resolution of all or part of the issues in dispute. The mediator has no authority to impose a resolution of the dispute on the parties. (2) The mediator shall conduct the mediation in good faith and in an expeditious and cost-effective manner.

Mediators may only make certain reports to a court. Mediators must tell parties about possible conflicts of interest the mediator may have that may affect the mediator's impartiality, whether or not parties ask. Mediators must tell parties their qualifications to mediate, but only when asked by a party.

The UMA defines mediation in Ohio Revised Code Section 2710.01 as ?any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.? A mediator is defined as ?an individual who conducts a mediation.?

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Ohio Motion to Refer Case to Mediation