The Ohio Supreme Court adopted several mediation rule changes in 2019 that take effect on January 1, including requiring courts to incorporate the state’s Uniform Mediation Act, identify the cases eligible for mediation, and address confidentiality.

Currently, 77 percent of common pleas courts refer cases to mediation, and 63 percent of courts do so statewide.

Of the courts that use mediation, 84 percent have a local rule regarding mediation.

The current rule reads that a court “shall consider, and may adopt, a local rule providing for mediation.” Under the adopted rules, courts would continue to have discretion in whether to refer cases to mediation, but those courts that elect to refer cases to mediation would be required to have a local rule.

Under adopted Rules 16-16.36 of the Rules of Superintendence for the Courts of Ohio, provisions will be updated or added to include:

• Responsibilities of mediators
• Responsibilities of courts
• Pre-referral education and training
• Complaint process
• Core values for mediation