FREQUENTLY ASKED QUESTIONS ABOUT MEDIATION
What law governs mediation?
By Local Rule, Ohio’s Uniform Mediation Act (UMA) applies to mediation of cases in the Clermont County Court of Common Pleas. The UMA can be found in chapter 2710 of the Ohio Revised Code, sections 2701.01 to 2710.10. A link to the Uniform Mediation Act is HERE [Chapter 2710 – Ohio Revised Code | Ohio Laws]. Additional information about the UMA is HERE [Dispute Resolution Section Information on the Uniform Mediation Act » Supreme Court of Ohio].
What is mediation and how does it work?
Mediation is a process of guided negotiations. A neutral individual, called a mediator, works with the parties to a pending case in a discussion of their problem. The talks are an effort to resolve the dispute by mutual agreement before it reaches a contested hearing or trial. The mediator serves as a discussion leader to help the participants negotiate more efficiently, and, hopefully, reach an agreement sooner than they could on their own. The mediator has no authority to make a decision.
What is a mediator?
A mediator is an independent, trained neutral, who works like a diplomat to help people settle disputes. The Clermont County Common Pleas Court has full time mediators who are attorneys, and the Court’s staff attorneys are also trained as mediators. However, a mediator cannot give legal advice to either side.
Where are mediations held?
Mediations are held at the Courthouse. On the day of your mediation, please come to the mediation office next to Courtroom 205, second floor of the Courthouse, 270 East Main Street, Batavia 45103. When you get to the Courthouse, you will enter through the security screening, go to the second floor public lobby by stairs or elevator, turn left, and take the long hallway all the way to the far end of the Courthouse. Courtroom 205 will be straight ahead at the end of the hallway. The Mediation Office will be the last door on your left before the courtroom.
Why should I mediate?
Many cases can be resolved through reasonable discussions. An experienced mediator can help the parties find a reasonable, practical, or creative solution that they may have overlooked. Mediation, with the chance to talk privately with the mediator, has a better opportunity to reach a resolution than a possibly tense or difficult one-on-one negotiation. Mediation also helps save the parties money and time, and avoids the risk of trial.
Will the mediator issue a decision in my case?
No. All the mediator can do is help the parties and attorneys look at the dispute more objectively, listen to each side privately, discuss various options for a settlement, and assist the participants in finding a mutually acceptable solution.
What can a mediator tell a judge?
The mediator will only tell the Clermont County Common Pleas Court whether or not the case settled. In most cases, discussions in mediation are inadmissible at trial under Evidence Rule 408 and the Uniform Mediation Act as adopted in Ohio. For more information , see Uniform Mediation Act Click Here
Can the mediator tell me how to handle my case?
No. The mediator is not there as a judge, jury, or advocate for either side. It is important that you analyze and reasonably evaluate your own case and the benefits of working out a possible settlement. The mediator may point out certain problems to each side, but this is just part of looking at the case objectively. The mediator, the attorneys, and the parties will also discuss the costs and drawbacks of going forward with trial as compared to the benefits of settlement.
Will the other side be there?
All parties, or their insurance representatives with authority to settle, should be at the conference and prepared to negotiate.
Will my attorney be at the mediation?
Yes. Under the local rules of court, trial counsel must be at the mediation.
Is there anything I need to do before the mediation conference?
Each party is required to provide a brief summary of the case to the assigned court mediator prior to the scheduled date. You may present the summary in letter format, use your own form, or fill out the Court’s standard form. MEDIATION CASE SUMMARY FORM
Is there a fee for mediation?
There is no extra cost or fee for using mediation within the Common Pleas Court. However, each side is responsible for their own attorney’s fees.
How long does a mediation last?
The time will depend on the complexity of the case. A mediation might last a couple hours, or it could go all day.
Do I have to settle my case at mediation?
No. While the parties are expected to engage in good faith negotiations, there is no requirement that the parties reach a settlement.