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Mediation Overview
In most civil appeals and all original actions involving public record requests, the court schedules a mediation conference to encourage and facilitate the settlement and resolution of the dispute. This is an informal and confidential process where a court mediator facilitates communication and negotiation between the parties with the goal of them reaching a voluntary agreement regarding their dispute. Even if the parties do not reach a settlement, the conference also serves as an important stage to help simplify the issues and to identify any issues with the record or the court’s jurisdiction.
Below are some commonly asked questions that may assist you in better understanding and preparing for your mediation prehearing conference.
Local App.R. 20 sets forth the procedures and
requirements for the mediation prehearing conference in the
Eighth District Court of Appeals. Please make sure to consult the rule
upon notice of your conference date.
The court sends out both an order from the court and a letter, notifying
counsel or self-represented individuals of the date and time of the
conference as well as counsel or self-represented individual’s
requirement to submit a
Mediation Statement Form.
In civil appeals, this notice is generally sent out within 21 days of
your filing of the notice of appeal. Likewise, the same time period
generally applies in original actions for public records — 21 days after
the filing of your complaint.
The court seeks to schedule the conference as soon as possible
as a means to limit the cost and energy expended in preparing a brief.
A Mediation Statement Form
is a confidential form that must be completed by each parties’ counsel
or by themselves if self-represented. The form is due within ten days of
receipt and must be mailed or emailed directly to the court mediator. Do not file the form with the clerk of court. The form is not shared with the opposing side and reviewed only by the court mediator to help facilitate a resolution.
Yes, counsel and parties (including insurance adjusters) are required to
attend in person. If a hardship exist that precludes a party from
participating in person, counsel must submit a motion in writing
requesting the client’s participation
by telephone. Also, be aware that participation in Loc.R. 20
prehearing mediation conference is mandatory and that failure to appear
may result in sanctions.
If you need to reschedule because of a previously scheduled appearance
or unforeseen emergency, please file motion requesting a continuance or
call Megan O'Toole at (216) 348-4809. Alternative dates and times will
be provided to you. It is the duty of the rescheduling attorney to
contact all other counsel on the case to arrive at a mutually agreeable
date and time and then promptly notify Megan O'Toole of the rescheduled
date and time.
Apart from timely submitting a Mediation Statement Form,
counsel or self-represented individuals need to be prepared to discuss
the facts of the case, procedural problems, and legal issues. Counsel or
self-represented individuals should also be open to exploring a range
of possible resolutions to the
case.
All the parties and their counsel (unless self-represented) will meet
with a court mediator in Room 135 on the first floor of the Old
Courthouse, 1 Lakeside Avenue, Cleveland, Ohio. While Loc.R. 20
mediation conference procedures are official
proceedings of the court, they are conducted in a relatively
informal manner with the court mediator facilitating discussions that
are typically more conversational than argumentative. Although the
conferences are scheduled for a one-hour block
of time, the court mediator will allow the conference to go
beyond one hour if needed to accomplish the purposes of the mediation.
The judges do not participate in the prehearing mediation conferences
and are not told what substantively has transpired at the appellate
mediation conference. Any settlement discussions or negotiations which
have taken place are not revealed
to the court. If no agreement is reached, the case is absolutely
unaffected and the matter proceeds accordingly.
No. Mediation communications are confidential, and no one shall disclose
any of these communications unless all parties and the mediator consent
to such disclosure. There are certain exceptions, such as
parties sharing mediation communication with their attorneys or
communication related to criminal activity. All exceptions are listed in
Loc.App.R. 20.
In most civil appeals and all original actions involving public record requests, the court schedules a mediation conference to encourage and facilitate the settlement and resolution of the dispute. This is an informal and confidential process where a court mediator facilitates communication and negotiation between the parties with the goal of them reaching a voluntary agreement regarding their dispute. Even if the parties do not reach a settlement, the conference also serves as an important stage to help simplify the issues and to identify any issues with the record or the court’s jurisdiction.