Ohio Sup.R. 6.34

(A) General

In order to ensure only qualified individuals perform the duties of an evaluator and the

requirements of Sup.R. 6.30 through 6.35 are met, a court shall do all of the following:

(1) Establish screening procedures for the capacity of parties to participate in

neutral evaluation;

(2) Establish procedures for monitoring and evaluating neutral evaluation to

ensure the quality of the evaluators and programs to which cases are

referred;

(3) Develop a process and designate a person for accepting and considering

written comments and complaints regarding the performance of evaluators

appointed by the court. A copy of comments and complaints submitted to

the court shall be provided to the evalua tor who is the subject of the

complaint or comment. The neutral evaluator may submit a written

response to the comment or complaint. The comment or complaint, and any

written response submitted by the neutral evaluator, shall be forwarded to

the administrative judge of the court or division of the court for

consideration and appropriate action. Dispositions by the court shall be

made promptly. The court shall maintain a written record in the evaluator’s

file regarding the nature and the disposition of a ny comment or complaint

and shall notify the person making the comment or complaint and the

evaluator of the disposition.

(4) Allow neutral evaluation to proceed only if the evaluator meets the

qualifications, education, and training requirements of Sup.R. 6.33;

(5) Prohibit neutral evaluation when domestic abuse or domestic violence is

alleged, suspected, or present, unless all of the following conditions are

satisfied:

(a) Screening is conducted, both before and during neutral

evaluation, for domestic abuse and domestic violence and

for the capacity of the parties to engage in neutral evaluation;

(b) The person who is or may be the victim of domestic abuse

or domestic violence is fully informed about the neutral

evaluation process, the right to decline participation in the

neutral evaluation process, and of the option to have a

support person, in addit ion to an attorney, present at the

neutral evaluation sessions;

(c) The parties have the capacity to participate in neutral

evaluation without fear of coercion or control;

(d) The court has taken reasonable precautions to create a safe

neutral evaluation environment for the parties and all other

persons involved in the neutral evaluation process;

(e) Procedures are in place for the evaluator to terminate a

neutral evaluation session if there is a threat of domestic

abuse, domestic violence, or coercion between the parties.

(B) Number of evaluators

In a civil or probate case, a court may appoint one evaluator or a team of two evaluators to

conduct the neutral evaluation. In a domestic relations or juvenile case, a court shall

appoint a team of two evaluators to conduct the neutral evaluation.