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Ohio S.Ct.Prac.R. 19.01

Referral of Cases for Mediation

activein force · 2025-04-01 – presentact-effective-date

(A) Referral

(1) The Supreme Court may, sua sponte or on motion by a party, refer to its mediator

for mediation any case that originated in the court of appeals, any appeal from an

administrative agency, any original action, or, pursuant to Rule 4.02 any civil case that the

Supreme Court deems appropriate. The mediator may conduct mediation conferences at

which the parties shall explore settling the case, simplifying the issues, and expediting the

procedure, and may consider any other matter that might aid in resolving the case.

(2) Unless otherwise provided by court order, referral of a case for mediation stays all

filing deadlines in a case until further notice. The Clerk of the Supreme Court shall not

accept for filing any documents while a case is in mediation unless expressly permitted by

Rule 19.01(A)(3) or by court order.

(3) Only the following documents may be filed while a case is in mediation:

(a) A motion to lift the mediation stay;

(b) A response to a motion to lift the mediation stay;

(c) A second notice of appeal or notice of cross-appeal;

(d) An application to dismiss the case pursuant to Rule 4.05;

(e) A notice related to counsel;

(f) A motion for leave to redact personal identifiers as defined by Sup.R. 11.09

(H);

(g) A motion to remand.

(B) Statements

(1) Any party seeking a monetary settlement shall prepare a statement setting forth the

amount of the demand and a detailed explanation for it. Such party shall submit this

statement to the opposing parties and to the mediator ten days prior to the scheduled

mediation. This statement will not be filed in the case.

(2) Parties may submit to the mediator a confidential statement analyzing the

settlement potential of the case. The mediator will not disclose this statement to the other

parties, unless the submitting party consents to disclosure. This statement will not be filed

in the case.

(C) Attendance

(1) If a case is referred for mediation, each party to the case, or the representative of

each party who has full settlement authority, and the attorney for each party shall attend

the mediation conferences, unless excused by the mediator. If a party or its representative

is excused from a conference, the party or its representative must provide its attorney

authority beyond initial mediation positions, and the party or its representative must be

available for consultation during the course of the mediation.

(2) If a party or an attorney fails to attend the mediation conference without being

excused, the Supreme Court may assess the party or the attorney reasonable expenses

caused by the failure, including reasonable attorney fees or all or a part of the expenses of

the other party. The Supreme Court may also dismiss the action, strike documents filed by

the offending party, or impose any other appropriate penalty.

(D) Extension of time to file briefs or other documents

Notwithstanding Rule 3.03(B), the Supreme Court, sua sponte or upon motion by a party,

may extend filing deadlines or stay the case referred under this rule, if the extension or stay

will facilitate mediation. A request for an extension of time shall be filed with the Clerk

of the Supreme Court within the time prescribed by the rules for filing the brief or other

document that is the subject of the request.

(E) Supreme Court orders

The Supreme Court may issue orders to supervise mediation. At the conclusion of the

mediation, the Supreme Court will enter an appropriate order.

History

Effective Date: January 1, 2010 Amended: January 1, 2013; January 1, 2015; April 1, 2025

Provenance

Source
supremecourt.ohio.gov
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
51c0c5b8189a66337bc406edf8b0bb17f969a6c75c01223eb3312fa80351fd1d
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