LOCAL RULE FOR MEDIATION
TRUMBULL COUNTY FAMILY COURT
A. Mediation Policy
1. In any divorce action or other action concerning the
allocation of parental rights and
responsibilities, the Court may, upon its own motion or upon the motion of
either party,
refer the case to mediation. Attorneys may also refer cases to mediation
upon
agreement of the parties.
2. Matters referred for mediation shall be continued for up to
90 days. Judgment entries
and/or magistrates orders issued for cases referred to mediation shall note the
responsibility of parties for payment of the hourly mediation fee or whether the
fee is
to be waived. Parties responsible for fees shall comply with the order
regarding payment
prior to the initial session.
3. Mediations shall be conducted by the court mediator or
other individuals who have
successfully completed requirements of Rule 16 Section (C) of the Rules of
Superintendence for the Courts of Ohio.
B. Scheduling and Conduct of Mediation Sessions
1. Parties shall contact the mediator within seven (7) days of
the referral to schedule
an appointment. The mediator shall meet with each party individually to
provide a
thorough orientation to the mediation process and to screen for domestic abuse.
Throughout the process the mediator shall continue to identify any situations or
behavior involving possible domestic abuse. The mediator shall notify
the Court
of any case that will not be mediated or be terminated as a result of domestic
abuse.
2. Once both parties have met individually with the mediator,
the initial conjoint
session shall be scheduled. The mediator and parties will schedule
additional
sessions as needed to complete resolution of the issues. Upon the request
of the
parties, their attorneys or other individuals may also attend and participate in
sessions.
3. The Court shall prohibit referrals to mediation in any of
the following:
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.
4. Nothing in division (B)(3) of this rule shall prohibit the
use of mediation in a
subsequent divorce or custody case even though that case may result in the
termination of the provisions of a protection order.
C. Confidentiality
1. The provisions of O.R.C. 3109.052(C) and O.R.C. 2710 shall
apply to any case
ordered to mediation pursuant to this local rule.
D. Mediation Report: Conclusion of Mediation
1. Immediately upon conclusion of the mediation, the mediator
shall submit a
mediation report to the court. Per O.R.C. 3109.052, the report shall state
only
that the mediation is concluded and whether agreement has been reached.
Copies
of the report shall be provided to attorneys of record as well as guardians
ad litem.
2. Upon request of the parties the mediator shall prepare
a memorandum of understanding
detailing the terms as agreed by the parties in mediation within seven (7) days
of the
conclusion of the process. No agreement developed in mediation shall be
final until
reviewed and approved by the parties and their attorneys. Agreements shall
be
submitted to the Court together with an agreed judgment entry or as part of a
final
decree.