OH · rules
Ohio S.Ct.Prac.R. 19.01
Referral of Cases for Mediation
(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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