Mediation

About

The Mediation Program

The Court’s Mediation Program was established to assist the judges and citizens with resolving legal disputes in a manner that is more economical and amicable than a trial. Parties are permitted to choose from a list of court-approved mediators. This list, along with the biography of each mediator, is available on the Court’s website. There were 417 meditations conducted in 2017 with a settlement rate of 74%.

The Judges of Montgomery County Common Pleas Court want this process to be user-friendly to attorneys, their clients, and the mediators. The goal is for the best outcome for all parties involved.

What is Mediation?

Mediation is a process available for parties to a lawsuit who are interested in resolving their disputes without a trial. Mediation is used by the court when it is apparent that both parties are interested in negotiating an agreement. In mediation, a neutral third party (mediator) assists the disputing parties to generate options for reaching a mutually acceptable agreement. The mediator helps define areas of agreement and disagreement but does not impose a settlement.

Is Mediation Right for You?

When parties are unwilling or unable to resolve a dispute, one good option is to turn to mediation. Mediation is generally a short-term, structured, task-oriented, and “hands-on” process.

In mediation, the disputing parties work with a neutral third party, the mediator, to resolve their disputes. The mediator facilitates the resolution of the parties’ disputes by supervising the exchange of information and the bargaining process. The mediator helps the parties find common ground and deal with unrealistic expectations. He or she may also offer creative solutions and assist in drafting a final settlement. The role of the mediator is to interpret concerns, relay information between the parties, frame issues, and define the problems.

When to Mediate

Mediation is usually a voluntary process, although sometimes statutes, rules, or court orders may require participation in mediation. Mediation is common in all courts.

Unlike the litigation process, where a neutral third party (usually a judge or jury) imposes a decision over the matter, the parties and their mediator ordinarily control the mediation process — deciding when and where the mediation takes place, who will be present, how the mediation will be paid for, and how the mediator will interact with the parties.

After a Mediation

If a resolution is reached, mediation agreements may be oral or written, and content varies with the type of mediation. Whether a mediation agreement is binding depends on the law and facts, but most mediation agreements are considered enforceable contracts. In some court-ordered meditations, the agreement becomes a court judgment. If an agreement is not reached, however, the parties may decide to pursue their claims.

The mediation process is generally considered to be more expedited, inexpensive, and procedurally less complex than formal litigation. It allows the parties to focus on the underlying circumstances that contributed to the dispute, rather than on narrow legal issues.

FAQ

How do I send my case to mediation?

To be eligible for a mediation through the Common Pleas Court parties must have an active case with this court. The judge assigned to the case must refer the case to mediation. If parties wish to send their case to mediation, they should contact the bailiff of the assigned judge.

How much does it cost to go through mediation?

This is different from a private mediation which carries a cost that varies from mediator-to-mediator.

What if I do not have a case with the Court? Can I go through mediation?

People who do not have an active case with the Court are not eligible for mediation with this court. Parties to a dispute are encouraged to contact the Dayton Mediation Center at http://daytonmediationcenter.org/ or 937-333-2345.

Who are the mediators for the Court?

A full list of mediators along with their professional biography can be found here.

What happens at mediation?

During a mediation, the mediator will meet separately with each party to get an understanding of that person’s view of the issues. The mediator will use his or her expertise to determine a reasonable compromise and act as a liaison between the parties to help reach a compromise. The mediation ends when all parties agree to the compromise or all parties agree a compromise will not be reached.

What happens after mediation?

If a settlement was reached at mediation, the case is conditionally dismissed based on the agreement reached at mediation. The parties are responsible for fulfilling the agreement. Jurisdiction to enforce the agreement stays with the Court.

If a settlement was not reach at mediation, the case is returned to the assigned judge to proceed with trial.

Who can be a mediator?

All potential mediators must go through an application process with, and be approved by, the Common Pleas Court judges. The application to be a mediator for the Montgomery County Common Pleas Court can be found here.

Mediator Bios

Hazlett, Jeffrey

5276 Burning Bush Lane

Dayton, OH 45429

(937) 689-3193

hazlettjeffrey@gmail.com

Mediation Practice September 2013-Present

Began mediating cases in 2007

Co-Chair Montgomery County, Ohio Mediation Committee

Mediated claims for personal injury, wrongful death, nursing home negligence and wrongful death, construction claims, business disputes, dental malpractice, and police misconduct

Consulted on aviation claims

In-House Counsel for the Cincinnati Insurance Company 2001-2013

Personal injury defense litigation

Defended nursing home negligence and wrongful death claims

Defended dental malpractice and dental wrongful death claims

Handled all Federal Court claims assigned to the Dayton, Ohio office

Mediated cases at request of courts and private counsel

Handled all claims against Washington Township

Private Practice 1983-2001

Concentration in insurance defense litigation

Defended police officers charged with misconduct

City of Dayton Prosecutor 1981-1983

Prosecuted criminal cases for the City of Dayton

Education

Ohio Northern University, B.A. Business Administration and Accounting, 1978, Graduated with honors

Cleveland-Marshall College of Law, J.D. 1981

Jones, Jr., Taylor

6601 Stillmead Dr.

Dayton, OH 45414

(937) 454-1749 (Home)

(937) 367-1608 (Cell)

(937) 457-1795 (fax)

E-mail: tjonesesq1@aol.com

EDUCATION

B.S. degree from Earlham College, Richmond, Indiana and completed the Master’s Degree program at the University of Illinois, Institute of Industrial/Labor Relations. J.D. from Chase Northern Kentucky State University, in 1975. Practiced law in the State of Ohio for over thirty years.

CAREER OVERVIEW

Attorney and Mediator

Experienced as trial attorney in corporate, civil, contract, personal injury and complex litigation. Served as counsel for both plaintiffs and litigants. Previously served as Special Counsel to four different Attorney Generals in Ohio.

Mediation

Mediator/Arbitrator for past twenty years. Served as court appointed mediator for Montgomery County Pleas Court for over ten (10) years. Awarded fellowship to attend National Judicial College civil mediation court. Later invited and served Faculty Assistant on forty (40) hour Civil Mediation court National Judicial College, UNLV, Reno, Nevada. Served as mediator in the following types of disputes: contracts; personal injury; real estate; employment including disability, termination and discrimination cases; health care issues; trucking; disability; construction/building; business dissolution; foreclosure; and wrongful death cases.

Rickert, David

Auman, Mahan & Furry

110 North Main Street, Ste. 1000

Dayton, OH 45402

(937) 223-6003 (Office)

(937) 361-9255 (Cell)

dmr@dmfdayton.com

I have practiced in Dayton since my graduation from the University of Chicago Law School in 1978. Since that time, I have focused my practice on construction litigation, representing architects, engineers, and property owners in both residential and commercial construction projects. I have represented both Plaintiff and Defendants in general commercial litigation and have experience in Probate litigation, including a jury trial will contest matter in Montgomery County Probate Court last year. I have recently taken a 40-hour mediation certification course at northwestern University’s School of Professional Studies. I have also participated in mediation with a broad array of mediators and through them learned various styles of mediation.

Roderer, Sr., Paul

Roderer Law Office LLC

4 E. Schantz Ave.

Dayton, OH 45409

(937) 293-9189 (Office)

E-mail: rodererlaw@aol.com

Education

Graduate of the University of Dayton 1964 with a Bachelor of Arts in History and Political Science.

Graduate of University of Cincinnati School of Law 1967 with a Juris Doctor degree.

Admitted to the Ohio State Bar Association by exam in October, 1967.

Admitted to the United States District Court for the Southern District of Ohio and Sixth Circuit Court of Appeals.

Current Practice

Roderer Law Office, L.L.C. Associated with son, Paul B. Roderer, Jr. since 1994.

Areas of Practice

General practice with emphasis upon personal injury plaintiff and defense work including some plaintiff’s medical malpractice. Represented various insurance companies in defense of casualty claims primarily, Allstate Insurance Company throughout Southwest Ohio for many years. Have participated in numerous mediations as a mediator or as a plaintiff and/or a defense attorney in most of the Courts in the Southwestern part of Ohio.

Steigerwald, Jean

P.O. Box 373

Dayton, OH 45409-0373

(937) 416-0578

jean.steigerwald@gmail.com or jluken5307@aol.com

PROFESSIONAL EXPERIENCES AND TRAINING – MEDIATOR

Mediator, Montgomery and Warren County, Ohio Common Pleas Courts, 2008-Present

Mediator, Resolute Systems, Inc., February, 2014-Present

Served successfully as a Mediator in a variety of civil litigation matters including personal injury, insurance litigation, contract and consumer disputes and foreclosure actions; Certified foreclosure mediator; Mediated over 250 civil cases; in May, 2012, recognized for service and contribution to the Montgomery County Common Pleas Court Mediation Program

Mediation Training

Ohio Mediation Association, April, 2013, “Impasse is a Fallacy”; The Ohio Supreme Court, August, 2010, Foreclosure Mediation Training; The Ohio Supreme Court, January, 2008, Training for Mediators for Domestic Abuse Issues; Capital University School of Law, Center for Dispute Resolution, October, 2002, Intensive Mediation Training (Successfully completed a five day intense training acquiring skills and strategies for Basic Mediation, Becoming a More Effective Mediator, Negotiation, Mediation Ethics and Handling Workplace Conflicts)

PROFESSIONAL EXPERIENCE – ATTORNEY

Jean M. Steigerwald, Attorney at Law, Dayton, Ohio, 1986-Present

Concentrating in civil litigation including personal injury (including claims negotiations, jury trials and alternative dispute resolution), consumer affairs and health insurance denial matters. Successfully serves as a Court appointed guardian ad litem in delinquency and custody, abuse and neglect cases.

Education

Juris Doctor, University of Dayton School of Law

Bachelor of Science in Urban Affairs, Wright State University

PROFESSIONAL MEMBERSHIPS

Ohio Mediation Association

Warren County Bar Association

Whelley, II, Thomas

Dinsmore and Shohl

Fifth Third Center

One South Main Street, Suite 1200

Dayton, OH 45402

(937) 401-1385 (Office)

(937) 449-2836 (Fax)

E-mail: thomas.whelley@dinsmore.com

With more than 30 years of litigation experience, Tom brings a communication-driven approach to provide clients with the counsel they need. He has litigated a variety of complex business cases, ranging from shareholder disputes to accounting malpractice to broker-dealer actions. He also has a wealth of experience in product liability matters, having tried a variety of chemical exposure cases, as well as cases for industrial and marine products.

Understanding that litigation can be costly, Tom works with clients to develop strategies for finding resolutions short of the courtroom. He is experienced in negotiating clients through arbitration proceedings and understands the importance of mediation in resolving disputes. By placing a premium on learning each client’s operations and objectives, he is able to tailor his approach to fit their needs and help guide them to efficient, cost-effective resolutions. However, when litigation becomes necessary, he draws on his vast experience trying jury cases before state and federal courts to develop and implement a strategy best suited to each client’s needs.

Also, Tom is a Harvard Law School trained mediator and an experienced neutral. He can assist you in that role to resolve your litigation disputes.

Tom’s knowledge and experience in litigation isn’t limited to the courtroom, as he teaches civil trail practice to law students at the University of Dayton, passing on his wealth of knowledge to help guide the next generation of litigators. He is also a board member of the Dayton Early College Academy, a unique charter school that serves underprivileged children in the Dayton area. Leveraging his experience in the courtroom with the perspectives gained through his outside efforts, Tom brings a skilled approach to providing clients the counsel and insight they need to find resolutions.

Education

J.D., University of Dayton

School of Law, (University of

Dayton School of Law

Review, Editor-in-Chief,

1977)

B.A., Kings College, (1972)

Harvard Law School

Mediation Training

Bar Admissions

Ohio

Court Admissions

Sixth Circuit Court of Appeals

Southern District of Ohio

Related Services

Litigation

Products Liability

Employment

Memberships & Affiliations

American Bar Association

Litigation Section

Dispute Litigation Section

Ohio State Bar Association

Dayton Bar Association

Court of Common Pleas Mediator Panel Member

Dayton Ohio Chapter of the Federal Bar Association, Treasurer (2014-2015)

Association of Defense Trial Attorneys

University of Dayton School of Law Board of Advisors (President 2000-2008, Member 1993 – 2014)

University of Dayton School of Law – Adjunct Professor of Civil Trial Practice (1987- ).

Dayton Bar Association, President (2009-2010)

Dayton Bar Association Foundation Board – President (2013-2014)

Montgomery County Public Defender Commissioner (2009-2012)

Law Leadership Institute – Board Member (2009-2012)

Master of the Inn of Court

Dayton Early College Academy (DECA), Board Member

Montgomery County Legal Aid Society, Former Board President

National Conference for Community and Justice, Former Board Member

Greater Dayton Volunteer Lawyers Project, Former Board Member

Dayton/Montgomery Historical Society, Former Board Member

Red Cross, Former Board Member and Chair of Personnel Committee

Children’s Hospital Youth Drug Program, Former Board Member

Distinctions

2012 Dinsmore Mentor of the Year

Named “Lawyer of the Year” in Dayton for Labor Law-Management Law by The Best Lawyers in

America®

Peer Review Rated AV in Martindale-Hubbell

Listed in The Best Lawyers in America© for Commercial, Labor and Employment Litigation

Selected for the Ohio Super Lawyers® List

Named in The Dayton Business Journal’s “Who’s Who in Law”

2011 Access to Justice Award: The Lloyd H. O’Hara Community Public Interest Award

2012 University of Dayton School of Law Steve Yuhas Alumni Special Service Award

Wolff, Jr., William

3432 Westbury Road

Kettering, OH 45409

(937) 293-5295 (Home)

(937) 572-3185 (Cell)

(937) 938-6789 (Fax)

E-mail: judgewolff@woh.rr.com; judgewolff73@gmail.com

In 2009, I retired from the Court of Appeals of Ohio, Second Appellate District. Since retiring from the court of appeals, I have been mediating for the Montgomery County Court of Common Pleas, General Division.

I was a judge of the Montgomery County Court of Common Pleas, General Division (1977-1985) prior to serving on the court of appeals (1985-2009.) From my trial court and appellate court experience, I am familiar with the types of civil cases that are brought in the General Division of the Court of Common Pleas.

In my years of mediating for the Court of Common Pleas, I have mediated cases involving appropriations, business disputes, contract disputes, employment matters, foreclosure, lemon law, personal injury, and workers compensation.

I also conduct private mediations and arbitrations.

Duwel, David

Hollingsworth, Jonathan

Hollingsworth & Washington LLC

6494 Centerville Business Parkway

Centerville, Ohio 45459

(937) 424-8556

E-mail: jhollingsworth@jhallc.com

PRESENT:

Hollingsworth & Washington, LLC, Centerville, Ohio

Partner (September 1, 2015 – present)

A Dayton-based law firm specializing in areas of Litigation, Employment, School Law, Municipal Law, Corporate & Business, Insurance Defense, Medical Malpractice and Personal Injury

EDUCATION:

Harvard University, B.A., History, 1980

The University of Michigan School of Law, J.D., 1983

PROFESSIONAL BACKGROUND:

Hollingsworth & Associates, LLC, Dayton, Ohio

Sole Member (January 1, 2005 – August 31, 2015)

A Dayton-based law firm specializing in areas of Litigation, Employment, Corporate & Business, Insurance Defense, Medical Malpractice and Personal Injury

Washington & Hollingsworth Co., LPA, Dayton, Ohio

Shareholder (March 26, 2001-December 31, 2004)

A Dayton-based law firm specializing in Litigation, Employment, Corporate & Business, Insurance Defense, Medical Malpractice, Personal Injury and Legal Disciplinary Matters

Porter, Wright, Morris & Arthur LLP, Dayton, Ohio

Summer Clerkship (May 1982)
Associate (June 1983)
Senior Associate (July 1990)
Contract Partner (March 1992)
Equity Partner (March 1993 – March 23, 2001)

A large regional law firm with offices in six cities: Cincinnati, Cleveland, Columbus, Dayton, Naples, Florida, and Washington, D.C.

Areas of practice included: General civil, business/commercial, consumer, personal injury, employment discrimination, trademark litigation, patent infringement litigation and legal/medical malpractice litigation.

TEACHING EXPERIENCE:

Antioch University McGregor, School of Management

Adjunct Faculty – Negotiation and Dispute Resolution (1997-2012)

University of Dayton, School of Law

Adjunct Faculty – Law Practice Management (2007-2012)

Affiliations

Current:

Member, Dayton Bar Association
Member, Ohio State Bar Association
Member, OSBA Legal Ethics and Professional Conduct Committee

Past:

Ohio State Bar Association President (2013-2014)
Ohio State Bar Association Immediate Past President (2014-2015)
Ohio State Bar Association President-Elect (2012-2013)
Member, Ohio State Bar Association Board of Governors (2008-2011; 2012)
Chair, Ohio State Bar Association Membership, Public & Media Relations and Publications Committee (2010-2011)
Chair, Ohio State Bar Association Advisory Council on Diversity Initiatives (2009-2012)
Member, Ohio State Bar Association Audit Committee (2008-2011)
Chair, Board of Commissioners on Grievances and Discipline, Supreme Court of Ohio (2000; 2001)
Board Member, Board of Commissioners on Grievances and Discipline, Supreme Court of Ohio (1997-2002)
Chair (2016); Member (2007; 2012) – Ohio State Bar Association Commission on Judicial Candidates
President, Dayton Bar Association (2001-2002)
First Vice President, Dayton Bar Association (2000-2001)
Second Vice President, Dayton Bar Association (1999-2000)
Secretary, Dayton Bar Association (1997-1999)
Bar Counsel, Dayton Bar Association (1991-1997)
Dayton Bar Association-Thurgood Marshall Law Society-Barbara Jordan Roundtable, Summer Clerkship Committee (member)
American Bar Association

Community/Civic/Volunteer Work

Trustee, Ohio State Bar Foundation (2018-Present)
Board Member, Ohio Center for Law Related Education (2015-Present)
Chair, Montgomery County Transportation Improvement District (2006-2007)
Board Member, Montgomery County Transportation Improvement District (2001-2007)
Chair, Dayton-Montgomery County Port Authority (City of Dayton Representative) (2008-2012)
Treasurer, Dayton-Montgomery County Port Authority (City of Dayton Representative) (2007)
Board Member, Dayton-Montgomery County Port Authority (City of Dayton Representative) (2002-2014)
Member, Ohio Supreme Court Task Force on Rules of Professional Conduct (2003-2006)
Member, Ohio Supreme Court Task Force on Code of Judicial Conduct (2007-2008)
Secretary and Board Member, Dayton Bar Association Foundation (past)
Board Member, Family Service Association of Dayton (past)
Board President, Family Service Association of Dayton (1998-1999)
President, Board of Trustees, Dayton Urban League (2000-2002)
First Vice President, Dayton Urban League (1999-2000)
Second Vice President, Dayton Urban League (1999)
Legal Advisor, Dayton Urban League (1997-1999)
Board Member, Board of Governors for Leadership Dayton (1995-1997)
Board Member, Greater Dayton Public Television (1995-1996)
Board Member, Greater Dayton Volunteer Lawyers Project (past)
Board Member, Big Brothers/Big Sisters of Dayton (past)
Legal Advisor, Miamisburg (Ohio) Mock Trial Team (past)

Honors & Awards

Martindale-Hubbell AV® Preeminent™ attorney

Ohio State Bar Association Eugene R. Weir Award for Ethics & Professionalism, 2005

Lima City Schools Distinguished Alumni Hall of Fame Inductee, 2011

Moore, Erin

800 Performance Place 109 N. Main Street Dayton, Ohio 45402

937-224-3333 – Office

937-224-4311 – Fax

ebmoore@green-law.com

Professional Background

Erin is an experienced attorney whose practice focuses on civil litigation, including personal injury and wrongful death, governmental liability, construction (defect and contractual matters), commercial/business liability, property issues, professional liability, insurance coverage, employment and consumer rights litigation.

Erin is a Martindale-Hubbell “AV Preeminent” rated lawyer and has been recognized as an Ohio SuperLawyer© annually since 2017. Erin is admitted to practice in Ohio as well as before the U.S. District Courts for the Southern and Northern Districts of Ohio, the U.S. Bankruptcy Courts for the Northern and Southern Districts of Ohio, the Sixth Circuit Court of Appeals and the United States Supreme Court.

Over her years of practice, Erin has served as an adjunct professor for the University of Dayton School of Law, where she taught trial practice as well as an alternative dispute resolution seminar class focusing on mediation. Additionally, Erin has previously served as an arbitrator for Montgomery County’s court-sponsored arbitration program as well as on private arbitration panels.

Current Practice:

Green & Green, Lawyers – since 1997 – Dayton, Ohio Shareholder

Prior:

Ritter, Robinson, McCready & James – 1993-1997 – Toledo, Ohio Associate

Education

Law School – The Ohio State University – JD 1993; Order of the Coif.

Undergraduate – Indiana University – BA 1989 – Double major: English/Criminal Justice, with High Distinction; Phi Beta Kappa.

Professional Organizations

Dayton Bar Association
Ohio State Bar Association
Ohio State Bar Foundation
Carl Kessler Inn of Court
Dayton Lawyers Club

Miller, Arvin

Miller, Arvin
2312 Far Hills Avenue #311
Dayton, Ohio 45419
937-672-4907 (work)
asmiii50@gmail.com

MEDIATION TRAINING

Northwestern University School of Continuing Studies – Mediation Skills Training Program (40 hour).
American Bar Association Advanced Mediation and Advocacy Skills Institute
Elder Mediation Training – Ohio Supreme Court
Eldercaring Coordination Training, ACR and Ohio Supreme Court
(PRESENTER) Mediation of Disputes in Probate Court DBA Annual Estate Planning, Trust and Probate Law Institute.

JUDICIAL WORK EXPERIENCE

Probate Court Mediator. (over 30 cases involving all areas of probate court)
Magistrate Probate Court (Guardianships, Estates, Trusts, Land Sales, and other probate matters).
Magistrate Count Common Pleas Court (CPOs, Damages, Evictions) (Temporary Position)
Visiting Magistrate Municipal Court

LEGAL WORK EXPERIENCE

Visiting Assistant Professor of Law (Clinical Studies, Trial Advocacy)
Assistant Public Defender /Assistant Prosecuting Attorney
Criminal defense and prosecution in municipal and common pleas court.
Appeals to the Second District Court of Appeals and Ohio Supreme Court.
Private Practice – Civil litigation in State and Federal Court.

Mediation

About

The Mediation Program

FAQ

Contact Mediation

Mediator Bios

Court Hours