Adopted 7/14/99; Effective 7/15/99
Amended 12/16/02; Effective 1/1/03
Amended 9/7/05; Effective 10/31/05
Amended 3/9/06; Effective 3/13/06
Amended 3/6/07; Effective 6/11/07
Amended 5/5/09; Effective 5/11/09
Amended 11/1/11; Effective 1/9/12
Amended 8/13/13; Effective 9/3/13
Amended 8/12/14; Effective 8/29/14
Amended 12/9/14; Effective 12/15/14
Amended 1/10/17; Effective 1/17/17
A. REFERRAL FOR MEDIATION:
1. Except as set forth in Subsection (A)(1)(b)(i)-(iii) of this Rule, any civil case may be
referred for mediation pursuant to a party’s motion or by agreement of the parties. The
assigned Judge, in his or her discretion, may refer any civil case for mediation.
a. After the Court’s pre-trial scheduling conference, the Court shall issue its standard
pre-trial order which shall establish a cutoff date of 90 days from the filing date of
the pre-trial order, unless otherwise ordered by the Court, for the parties to request
mediation through the Court’s mediation program. After a case is referred for
mediation, the mediation staff will conduct an initial telephone conference with the
parties to select a Mediator pursuant to Subsection (C)(2)(a) of this Rule and to
schedule a mediation date.
b. Domestic Relations and Protective Orders:
i. The Court shall not refer cases for mediation in the following circumstances:
a) As an alternative to the prosecution or adjudication of domestic violence;
b) In determining whether to grant, modify, or terminate a protection order;
c) In determining the terms and conditions of a protection order; and
d) In determining the penalty for violation of a protection order.
ii. Exception: Nothing in Subsection (A)(1)(b)(i) of this Rule shall prohibit the use of
mediation in a subsequent divorce or custody case in another division of the
Common Pleas Court for Montgomery County, Ohio or any other court, even if
such case may result in the termination of the provisions of a protection order
issued by the Court.
iii. Allegations of Domestic Abuse:
a) In any case referred for mediation, all parties and counsel have a continuing
duty to and shall disclose to the assigned Judge, the Mediator, and the
mediation staff whether any of the opposing parties have resided in a
common residence or are related by blood, adoption, or marriage, and, at
any time prior to or following the referral for mediation and before
conclusion of the mediation process, have committed or are alleged to have
committed domestic abuse.
b) The party who committed or is alleged to have committed the act of
domestic abuse shall participate in any screening required by Sup. R. 16 prior
to the mediation session(s). The Mediator may order additional screenings,
at the Mediator’s discretion, throughout the duration of mediation.
B. PROCEDURE AFTER REFERRAL FOR MEDIATION:
1. The Chief Magistrate shall serve as “Mediation Liaison” to settle disputes that arise
during the mediation process. The Mediation Liaison may refer a dispute to the
2. Selection of Mediator:
a. Pursuant to Subsection (C)(2) of this Rule, the Court shall maintain a list of Court
approved Mediators (“Mediator List”). Parties, by agreement, may select a
Mediator from the Mediator List. If the parties fail to agree or elect not to choose a
Mediator, the Court shall assign a Mediator from the Mediator List on a rotating
b. Conflicts of Interest:
i. In accordance with R.C. 2710.08(A) and (B), the Mediator selected by the
parties or assigned by the Court shall disclose to counsel, the parties, and any
nonparty participants any known potential conflicts that may affect the
Mediator’s impartiality as soon as such conflict(s) become known to the
ii. Withdrawal and Removal:
a) If a party or counsel requests that the Mediator withdraw because of the
potential conflict(s), the Mediator may withdraw and request that the
assigned Judge appoint a new Mediator.
b) If the Mediator determines that withdrawal is not warranted, the Mediator
may elect to continue.
a) If the Mediator elects to continue, any party may request the Mediator’s
removal by submitting a request to the assigned Judge to remove the
1) The assigned Judge may remove the Mediator and appoint another
Mediator from the Mediator List.
2) If the assigned Judge decides that the request for removal is
unwarranted, the Mediation process shall proceed from the point where
the objection was first raised, with events rescheduled as necessitated by
3. Telephone Conference: The Mediator shall conduct a telephone conference prior to the
date of the scheduled Mediation session.
a. The Mediator shall set the time for the telephone conference.
b. All counsel and pro se parties shall make themselves available for the scheduled
c. During the telephone conference, the Mediator shall inquire of the parties or
counsel of their readiness for the mediation, including any additional information
needed to be obtained or exchanged. The Mediator shall determine if the parties
are required to submit a mediation statement. Mediation statements may be
requested at the discretion of the Mediator. If a mediation statement is required,
the following shall apply:
i. The Mediator shall instruct the parties how to submit the mediation statement.
ii. Mediation statements shall not exceed three pages in length, unless otherwise
ordered by the Mediator, and shall set forth the relevant positions of the parties
concerning factual issues, issues of law, damages, and the settlement
negotiation history of the case, including a recitation of any specific demands
and offers that have been conveyed.
iii. Mediation statements shall not be filed with the Clerk. Mediation statements
shall be submitted to the Mediator and all parties or counsel no later than 10
days prior to the mediation session, unless otherwise requested by the
d. Confidential Information:
i. If a party or counsel believes it is necessary or desirable to convey confidential
information to the Mediator, the party or counsel may submit the information to
the Mediator. The confidential information shall not be filed with the Clerk.
ii. The party submitting the information shall clearly mark the information as
confidential and indicate that the information shall not be shared with the
opposing party without consent of the party submitting the information.
4. Mediation Conference:
a. Timing: Unless otherwise ordered by the assigned Judge, the mediation session shall
be scheduled to take place no later than 90 days prior to the scheduled trial date.
b. If the parties and Mediator believe additional mediation sessions would be
beneficial, the parties and Mediator shall schedule additional sessions on a schedule
that shall not negatively impact the scheduled trial date.
i. For good cause shown, the parties may seek a continuance of the trial date from
the assigned Judge to continue to explore mediation.
ii. The Mediator may direct the parties to exchange additional information that the
Mediator believes will assist the Mediation process.
c. If the case is settled or dismissed prior to a scheduled Mediation, the parties shall
promptly file a settlement and conditional dismissal entry with the Court and inform
a. For good cause shown, the Mediator may grant a continuance of a mediation
b. A mediation session shall not be continued more than once without the approval of
the Mediation Liaison or assigned Judge.
a. Unless otherwise directed by the Mediator, any party or person whose presence is
required in order to supply authority to settle the case, as well as counsel for all
parties and an adjuster for an insurer, are required to be present at the mediation
b. If counsel or parties become aware of a person or entity whose consent is required
to resolve the dispute but who is not yet a party to the case, counsel or parties shall
promptly inform the Mediator and the assigned Judge of the identity of the person
c. The Mediator shall report to the assigned Judge any failure of a necessary party or
counsel to attend a mediation session or act in good faith, including but not limited
to, performing obligations expeditiously and not using mediation for the purposes of
delay or discovery. The assigned Judge may impose sanctions, including but not
limited to, an award of attorneys’ fees and other costs, contempt, or other
7. Location: Unless otherwise agreed by the Mediator and the parties, the mediation
session(s) shall take place at the Court.
a. All mediation shall be governed by the Ohio Uniform Mediation Act, R.C. §§ 2710.01
– 2710.10, as amended from time to time.
i. “Mediation Communications”, as defined in R.C. § 2710.01(B), in addition to the
privileges set forth in R.C. § 2710.07, shall not be disclosed by parties, counsel,
the Mediator or the Court without consent of the other participants.
ii. The parties shall execute a written confidentiality agreement prior to the
beginning of the mediation session. If new or additional persons attend a
subsequent mediation session, the new or additional persons shall sign the
confidentiality agreement prior to proceeding.
iii. Exceptions to Confidentiality requirements: Information that is:
a) Statutorily mandated to be reported;
b) Not privileged pursuant to R.C. § 2710.05; and
c) Permitted to be reported pursuant to R.C. § 2710.05.
9. Settlement: If a settlement agreement is reached:
a. The Mediator may prepare a written memorandum memorializing all material terms
of the agreement (“Settlement Agreement”).
b. Parties or counsel shall provide the Notice required pursuant to Mont. Co. C.P.R.
2.15(A) to the assigned Judge.
c. Parties or counsel shall file an agreed Termination Entry for approval by the assigned
Judge within 30 days from the date the parties or counsel provide Notice pursuant
to Subsection (B)(9)(b) of this Rule. If the parties or counsel fail to file an agreed
Termination Entry within the specified time, the Court may administratively dismiss
10. Termination: If the Mediator determines that further mediation efforts would be of no
benefit to the parties, the Mediator shall inform all interested parties and the assigned
Judge that the mediation is terminated.
11. Throughout the mediation process, the assigned Judge shall continue to manage the
case pursuant to Mont. Co. C.P.R. 2.07.
C. COURT APPROVED MEDIATORS:
1. Prospective mediators shall submit an application pursuant to a process established by
the Court, as amended from time to time.
a. The Court shall review all applications in accordance with the procedures adopted by
b. Prospective mediators shall be approved at the sole discretion of the Judges of the
c. Prospective mediators approved by the Court shall participate in an orientation
session conducted by the Court.
2. The Court shall maintain a list of Court approved Mediators (defined as “Mediator List”
in Subsection (B)(2)(a) of this Rule).
a. All persons whose names are placed on the Mediator List shall submit a regularly
updated Curriculum Vitae (including a list of professional or association
memberships) which, along with the Mediator’s application, shall be provided to
those requesting information on the assigned Mediator’s qualifications to mediate a
dispute, as required by R.C. § 2710.08(C).
b. Mediators serve at the pleasure of the Judges of the Court and may be terminated
from the Mediator List at any time for any or no cause.
D. MEDIATOR FEE:
1. Mediators shall be paid a fee in an amount set by the Court, as amended from time to
a. Upon petition by the Mediator and for good cause shown, the assigned Judge may
allow additional compensation.
b. Except as provided in Subsections (D)(1)(c) and (D)(2)(b) of this Rule, Mediators shall
be paid, upon proper warrant, from the funds of Montgomery County, Ohio,
allocated for the operation of the Court.
c. The Judges of the Court may determine that, in order to provide effective mediation
services, it is necessary for mediating parties to pay a portion of the Mediator Fee or
other costs of mediation.
i) If the Judges of the Court make the determination referred to in Subsection
(D)(1)(c) of this Rule, a schedule of mediation costs shall be provided to all
parties upon request or upon referral for mediation.
ii) Upon motion of a party for good cause shown, the Mediation Liaison or the
assigned Judge may waive mediation costs imposed pursuant to Subsection
(D)(1)(c) of this Rule.
2. Cancellation of Mediation Session:
a. Mediators shall not receive a fee for a mediation session canceled more than 48
hours prior to the scheduled session.
b. If a mediation session is canceled with less than 48 hours’ notice, the Court may
i) If a cancellation is the result of a settlement resulting in termination of the case,
the cancellation fee shall be divided equally between the parties. In addition to
informing the Mediator, parties shall provide the Notice required pursuant to
Mont. Co. C.P.R. 2.15(A) to the assigned Judge.
ii) If a cancellation is the result of a requested continuance or other reason, the fee
shall be assessed against the party requesting the continuance or causing the
iii) Cancellation fees may be assessed in all cases, including mediation scheduled
before a Magistrate or other Court employee. Magistrates and other Court
employees shall not receive additional compensation for mediation services.
iv) Cancellation fees shall be deposited with the Clerk, shall not be taxed as costs in
the case, and shall be paid to the Special Project Fund for Dispute Resolution
establish by Mont. Co. C.P.R. 2.03(D)(1).
v) Upon motion and for good cause shown, the Mediation Liaison or the assigned
Judge may waive any cancellation fees assessed pursuant to Subsection (D)(2)(b)
of this Rule.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
14 W 4th St
Dayton, OH 45402