Amendments to statewide judicial rules now permit mediation for some civil stalking protection orders.

Amendments to statewide judicial rules now permit mediation for some civil stalking protection orders.

Some neighborly disputes may now have a home outside of the courtroom.

A recent change to statewide judicial rules established a course for mediation regarding some civil stalking protection orders (CSPO). Prior to the enactment of Rules 16.30-16.32 in the Rules of Superintendence for the Courts of Ohio, mediation of protection orders was prohibited.

The legislature’s description of what qualifies as civil stalking is broad. Someone can file a protection order for a property line,” said Tuscarawas County Common Pleas Court Administrator Elizabeth Stephenson.

Stephenson says some citizens file protection order petitions to attempt to resolve civil disputes, such as a neighbor mowing the lawn beyond their boundary or others not cleaning up after their dogs. These can be better resolved through mediation.

Still, not every CSPO may be mediated. Factors that would prevent mediation as an option for a CSPO if the petition include:

• If the petitioner is a family or household member of the accused
• A sexually oriented offense
• Serious physical harm
• Part of an active criminal complaint.

Other factors – such as threats, fear of physical harm, and intimidation – would compel courts to not consider mediation for the parties.

Courts and mediators will be offered training to help determine which cases are eligible for mediation. The rules and forms regarding mediation of civil stalking protection orders are on the Supreme Court’s website.