{"id":13316,"date":"2020-01-02T18:50:27","date_gmt":"2020-01-02T18:50:27","guid":{"rendered":"https:\/\/hamiltoncountycourts.org\/?page_id=13316"},"modified":"2026-08-28T14:57:07","modified_gmt":"2026-08-28T14:57:07","slug":"municipal-rule-15","status":"publish","type":"page","link":"https:\/\/hamiltoncountycourts.org\/index.php\/municipal-local-rules\/municipal-rule-15\/","title":{"rendered":"Municipal Rule 15 – 16"},"content":{"rendered":"
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Local Rule 15. Mediation<\/strong><\/h1>\n

15\u00a0 MUNICIPAL COURT MEDIATION PROGRAM<\/h2>\n

 <\/p>\n

(A) Purpose<\/strong>. The Hamilton County Courts recognize that timely, fair, and efficient resolution of
\ndisputes is essential to maintaining public confidence in the judicial system. Mediation promotes
\nthe orderly administration of justice by encouraging early, voluntary resolution of disputes,
\nreducing unnecessary delay, conserving judicial resources, and empowering parties to participate
\nmeaningfully in the resolution of their cases.<\/p>\n

These mediation guidelines are intended to facilitate settlement where appropriate while
\nsafeguarding the rights of litigants, ensuring access to justice, and maintaining compliance with
\nthe Ohio Revised Code, the Ohio Uniform Mediation Act, and Rule 6 of the Rules of Superintendence
\nfor the courts of Ohio. Mediation under this rule is designed to supplement, not replace,
\nadjudication, and shall be conducted in a manner that is lawful, fair, and respectful of all
\nparties.<\/p>\n

(B) Incorporation of Ohio Uniform Mediation Act<\/strong>. This rule incorporates the provisions of the Ohio
\nUniform Mediation Act, R.C. Chapter 2710, as if fully rewritten herein. All mediation conducted
\nunder this rule shall be governed by R.C. Chapter 2710 and the Ohio Rules of Superintendence, Rule 6.<\/p>\n

(C) Cases Eligible for Mediation.<\/strong> Any civil case or claim pending before the court is eligible for
\nmediation, including but not limited to civil, small claims, eviction, and post-judgment matters,
\nunless otherwise prohibited by law or rule.<\/p>\n

(D) Referral to Mediation.<\/strong> Cases may be referred to mediation by any of the following mechanisms:<\/p>\n

\n1.<\/strong> Voluntary. At any time after a case is filed, any party may file a written request for referral
\nto the Mediation Program. The request shall identify the case number, the parties, and the nature
\nof the dispute. The Court shall promptly notify all other parties of the request and, if no party
\nobjects within ten (10) days, shall issue a mediation referral order.
\n2.<\/strong> Discretionary Referral \u2014 Judge or Magistrate. Any judge or magistrate assigned to a case may,
\nupon their own motion, refer the case or any issue in the case to the Mediation Program at any
\nstage of the proceedings. In the referral, the parties must be identified by name, direct telephone
\nnumber, mailing address and electronic mail address.
\n3.<\/strong> On all referrals, the parties must be identified by name, direct phone number, mailing address
\nand electronic mail address.<\/p>\n

(E) Confidentiality and Privilege.<\/strong><\/p>\n

\n1.<\/strong> Mediation communications are privileged as set forth in R.C. \u00a7\u00a7 2710.03\u20132710.05. Mediation
\ncommunications shall not be subject to discovery and shall not be admissible
\nas evidence in any subsequent proceeding, except as provided by R.C. \u00a7 2710.05.<\/p>\n

2.<\/strong> Evidence otherwise admissible or subject to discovery does not become inadmissible or protected
\nfrom discovery solely by reason of its disclosure or use in a mediation. (R.C. \u00a7 2710.03(C).)
\n3.<\/strong> The mediator shall not retain any records of the mediation outside of what is filed with the
\nCourt. The only records that may be filed with the court are a notice stating simply that a
\nsettlement agreement has been reached or a final consent judgment entry. The parties must retain
\nany documents they may wish to use in any enforcement action.<\/p>\n

(F) Mediator Qualifications.<\/strong><\/p>\n

\n1.<\/strong> In order to serve as a mediator for this Court, a person shall satisfy all of the following
\nrequirements: (a) complete the Supreme Court Dispute Resolution Section-approved \"Fundamentals of
\nMediation Training\" (or meet the equivalent experience grandfathering conditions of Sup.R.
\n6.04(A)(2)); (b) comply with all other requirements of Sup.R. 6.04 applicable to the case type
\nbeing mediated; (c) comply with the Model Standards of Conduct for Mediators adopted by the
\nAmerican Bar Association, American Arbitration Association, and the Association for Conflict
\nResolution; (d) demonstrate competency and capacity to mediate to the Mediation Program
\nCoordinator; (e) comply with this rule and any applicable Ohio Supreme Court rule governing
\ncourt-connected mediators; and
\n(f) comply with all Mediation Program policies and procedures published by the Court.
\n2<\/strong>. The mediator shall act as a neutral facilitator. A mediator shall disclose to the parties,
\nbefore accepting an assignment, all known facts that a reasonable person would consider likely to
\naffect the mediator's impartiality, including any financial or personal interest in the outcome and
\nany existing or past relationship with a party. (R.C. \u00a7 2710.08.)
\n3<\/strong>. A mediator shall not offer legal advice to any party.
\n4<\/strong>. A mediator shall not serve as a judge, magistrate, attorney, or witness in any case the mediator
\nhas mediated.<\/p>\n

(G) Responsibilities of the Mediator.<\/strong><\/p>\n

\n1<\/strong>. The mediator shall inform the court who attended the mediation, whether the case settled, and
\nwhether efforts to settle the case through mediation are being continued or if the case is being
\nreturned to the court for further proceedings.
\n2.<\/strong> Outside of any formalized settlement agreement filed with the Court, No other information shall
\nbe directly or indirectly communicated by the mediator to the court, unless all who hold a
\nmediation privilege, including the mediator, have consented to such disclosure.<\/p>\n

(H) Responsibilities of the Court.<\/strong><\/p>\n

\n1. Maintain procedures for the selection, monitoring, and evaluation of mediators through a
\nvoluntary evaluation form providing at the conclusion of mediation and returned to the presiding
\njudge of the Municipal Court;
\n2. Appoint a Mediation Program Coordinator employee of the Court as the main point of contact for
\nthe mediators, the Court, the Clerk of Courts and the parties;<\/p>\n

(I) Scheduling and Timelines.<\/strong><\/p>\n

\n1<\/strong>. Upon issuance of a mediation referral order, the Court\u2019s Mediation Program Coordinator shall
\ncontact the parties within 5 business days to schedule the initial mediation session.
\n2<\/strong>. Mediation in a pending civil or landlord-tenant case shall ordinarily be completed within 60
\ndays of the referral order, unless the parties and the Mediation Program Coordinator<\/p>\n

agree to a longer period and the Court approves. For small claims cases, mediation shall ordinarily
\nbe completed within 45 days.
\n3.<\/strong> For cases ordered to mediation prior to trial in an eviction (forcible entry and detainer) case,
\nwhere statutory timelines under R.C. \u00a7 1923.08 are implicated, mediation scheduling shall be
\nprioritized and shall not delay any hearing beyond the limits permitted by Ohio law.
\n4.<\/strong> The parties may agree to multiple mediation sessions. Any additional session shall be scheduled
\nwith the concurrence of the mediator and the Mediation Program Coordinator.
\n5<\/strong>. All existing court orders remain in effect during mediation. No order is stayed or suspended
\nbecause a case is in mediation. Mediation shall not stay discovery unless the parties agree and the
\nCourt approves.
\n6<\/strong>. The mediator shall promptly report to the Mediation Program Coordinator: (a) the date(s)
\nmediation occurred; (b) who attended; and (c) whether mediation resulted in settlement, partial
\nsettlement, or impasse, or whether additional sessions are planned.<\/p>\n

(J) Fees and Indigency Waivers.<\/strong><\/p>\n

1.<\/strong> Mediation provided by the Court's Mediation Program through court staff or trained volunteers
\nshall be available at no cost to the parties.<\/p>\n

(K) Attendance, Good Faith, and Sanctions.<\/strong><\/p>\n

\n1. All parties and any required representatives shall attend mediation as scheduled unless excused
\nin advance by the mediator or the Court. Parties shall take all reasonable effort to attend and
\nrequests to continue scheduled mediation dates should be kept to a minimum. In determining whether
\nto allow the continuance of a scheduled mediation date, the Mediator will consider amount of notice
\nprovided to the non-requesting party, proof of notification to the non-requesting party, and
\nextenuating circumstances that necessitate the request to continue
\n2. Organizational parties (corporations, LLCs, property management companies, etc.) shall send a
\nrepresentative with full authority to settle the case. Attendance by a representative without
\nsettlement authority shall not constitute compliance with a mediation order.
\n3. Parties may be accompanied by counsel and one additional support person, who may participate in
\nthe mediation. The mediator may conduct individual sessions (caucuses) with each party.
\n4. The parties and their counsel shall participate in mediation in good faith. Good faith
\nparticipation requires, at minimum: attendance at the scheduled session, disclosure of information
\nreasonably necessary to evaluate settlement options, and a genuine willingness to consider
\nresolution.
\n5. Sanctions for Non-Compliance. If a party fails to attend, fails to participate in good faith, or
\nfails to send a representative with authority to settle, the Court may, after notice and hearing:
\n(a) impose monetary sanctions; (b) enter a default judgment or dismissal; (c) strike pleadings; (d)
\nhold the non-complying party in contempt; or (e) impose such other sanctions as are just under the
\ncircumstances.<\/p>\n

(L) Mediated Settlement Agreements.<\/p>\n

\n1<\/strong>. If the parties reach a settlement through mediation, the mediator shall assist the parties in
\nreducing the agreement to writing before the mediation session concludes. The settlement agreement
\nshall be filed with the Court.<\/p>\n

2<\/strong>. A mediated settlement agreement signed by the parties is a binding contract enforceable under
\nOhio law. Upon application of any party, the Court may incorporate a mediated settlement agreement
\ninto a court order or consent judgment entry, which shall be enforceable by the Court through its
\ncontempt and enforcement powers.
\n3.<\/strong> In landlord-tenant cases, a mediated settlement agreement incorporated into a court order shall
\nspecify: (a) any payment schedule for past-due rent; (b) any repairs or habitability remediation
\nobligations; (c) any agreed upon date and conditions for vacation of the premises, if applicable;
\nand (d) any other material terms specific to the tenancy.
\n4<\/strong>. In small claims cases, a mediated settlement agreement incorporated as a consent judgment entry
\nshall be treated as a final judgment of the Court and may be enforced through all available
\npost-judgment collection mechanisms, including garnishment and execution.
\n5.<\/strong> If mediation results in partial settlement, the mediator shall report the settled and unsettled
\nissues to the Mediation Program Coordinator, and the case shall return to the active docket for
\nresolution of remaining issues.<\/p>\n

(M) Effect on Proceedings.<\/strong> Referral of a case to mediation does not divest the Court of
\njurisdiction over the case, stay any pending deadline, or otherwise affect the Court's authority to
\nconduct hearings, enter default judgments for non-appearance, or take any other action in the case.
\nThe assigned judge or magistrate retains full authority over the case at all times.<\/p>\n

(N) Language Access<\/strong>. Language assistance shall be made available to mediation participants who have
\nlimited English proficiency or who require an interpreter or other accommodation to meaningfully
\nparticipate in mediation. Parties who require an interpreter or other language assistance shall
\nnotify the Mediation Program Coordinator at the earliest opportunity. The Court shall make
\nreasonable efforts to secure interpreter services at no cost to the parties.<\/p>\n

(O) Referrals to Legal and Support Services.<\/strong> The efforts of the mediator shall not be construed as
\ngiving legal advice. Mediators and Mediation Program staff may refer individuals to legal services,
\ncommunity resources, social services, and other support services, including domestic violence
\nservices, at a party's request or as the mediator or staff member deems necessary. The mediator is
\nauthorized to provide such resource information; however, such distribution shall not be construed
\nas a recommendation of or referral to such resource by the Mediator or the Court. The recipient of
\nthat information is charged with the duty to evaluate those resources independently.<\/p>\n

(P) Supersession of Prior Rules.<\/strong> This rule supersedes and replaces Local Rule XXVII (Rent Escrow
\nand Small Claims Mediation) and all mediation provisions of Local Rule XV (Small Claims Division)
\nand Local Rule [15\/16] (Civil Mediation) to the extent of any conflict. All other
\nprovisions of those rules unrelated to mediation remain in full force.<\/p>\n

Local Rule 16. NOTICE TO VICTIMS<\/strong><\/h1>\n

Pursuant to Ohio Criminal Procedure Rule 37, the Hamilton County Municipal Court hereby designates the Hamilton County Prosecutor and the Cincinnati City Solicitor, respectively, as the entity to provide all notices as required by the Constitution of the State of Ohio, Article I, Section 10a.<\/p>\n","protected":false},"excerpt":{"rendered":"Local Rule 15. Mediation 15\u00a0 MUNICIPAL COURT MEDIATION PROGRAM   (A) Purpose. The Hamilton County Courts recognize that timely, fair, and efficient resolution of disputes is essential to maintaining public confidence in the judicial system. Mediation promotes the orderly administration of justice by encouraging early, voluntary resolution of disputes, reducing unnecessary delay, conserving judicial resources, and empowering parties to participate Continue Reading<\/a>","protected":false},"author":5,"featured_media":0,"parent":2973,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"page-fullwidth-subpage.php","meta":{"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-13316","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/pages\/13316","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/users\/5"}],"replies":[{"embeddable":true,"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/comments?post=13316"}],"version-history":[{"count":9,"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/pages\/13316\/revisions"}],"predecessor-version":[{"id":22539,"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/pages\/13316\/revisions\/22539"}],"up":[{"embeddable":true,"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/pages\/2973"}],"wp:attachment":[{"href":"https:\/\/hamiltoncountycourts.org\/index.php\/wp-json\/wp\/v2\/media?parent=13316"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}