Ohio
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Ohio. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Ohio can be found in RSI’s Research Library and in Reports below.
State Legislation
- Ohio Revised Code Title 21, Chap. 2101.163: Dispute resolution procedures in probate court
- Ohio Revised Code Title 27, Chap. 2710: Uniform Mediation Act
- Ohio Revised Codde Title 27, Chap. 2711.21: Arbitration of medical claims
- Ohio Revised Code Title 31, Chap. 3109.052: Mediation of differences as to allocation of parental rights and responsibilities
Statewide Court ADR Rules and Policies
- Ohio Supreme Court Rules of Superintendence, Rule 15: Arbitration
- Ohio Supreme Court Rules of Superintendence, Rule 16: Mediation
- Ohio Supreme Court Rules of Superintendence, Rules 16.41-16.44: Government Conflict Resolution Services
- Ohio Supreme Court Rules of Superintendece, Rule 49.10: Commercial Docket Dispute Resolution
- Ohio Supreme Court Rules of Superintendence, Rule 79: Probate Court Dispute Resolution
- Supreme Court of Ohio Training Program Standards for Trainers
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Ohio Revised Code Title 27, Chap. 2710: Uniform Mediation Act
Ohio Legislature. Oct. 29, 2005Resource Type: Legislation
Abstract: This statute sets communications made during mediation proceedings as privileged and prohibits mediators from being compelled to testify as to those communications except in certain situations. These include cases where the communication is an immine...
Ohio Revised Code Title 21, Chap. 2101.163: Dispute resolution procedures in probate court
Ohio Legislature. Apr. 8, 2004Resource Type: Legislation
Abstract: This statute authorizes the probate judge to establish rules for alternative dispute resolution procedures, including but not limited to mediation. The statute also allows the court to establish a filing fee, not to exceed $15, to fund these ADR prog...
Ohio Revised Code Title 27, Chap. 2711.21: Arbitration of medical claims
Ohio Legislature. Apr. 11, 2003Resource Type: Legislation
Abstract: Under this statute, 'all parties to a medical, dental, optometric, or chiropractic claim may agree to submit to nonbinding arbitration.' A three-person panel, one chosen by the plaintiff, one by the defendant and one by the court, will arbitrate the ...
Ohio Revised Code Title 31, Chap. 3109.052: Mediation of differences as to allocation of parental rights and responsibilities
Ohio Legislature. Mar. 22, 2001Resource Type: Legislation
Abstract: For certain family relations disputes, this statute authorizes the court to refer parties to mediation. These referrals can only be made for disputes involving divorce, dissolution, legal separation, annulment, or the allocation of parental rights an...
Rules
Supreme Court of Ohio Training Program Standards for Trainers
The Supreme Court of Ohio . Jan. 1, 2020Resource Type: Standards - Court
Abstract: These Supreme Court of Ohio has created a variety of training program standards for court ADR trainers. In addition to training and participant applications for approval the standards outlined include: Instructions, Obligations, and Responsibilitie...
Ohio Supreme Court Rules of Superintendence, Rule 49.10: Commercial Docket Dispute Resolution
Ohio Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, a commercial docket judge may refer a commercial docket case to any available dispute resolution process. ...
Ohio Supreme Court Rules of Superintendence, Rule 79: Probate Court Dispute Resolution
Ohio Supreme Court. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under this rule, a probate division of a court of common please or a family court exercising probate jurisdiction may encourage the use of alternative dispute resolution. A judge may suggest the parties engage in settlement negotiations, refer the pa...
Ohio Supreme Court Rules of Superintendence, Rules 16.41-16.44: Government Conflict Resolution Services
Ohio Supreme Court . Jan. 1, 2019Resource Type: Rules - Court
Abstract: Rules 16.41-16.44 address Ohio's Government Conflict Resolution Services Program which assists local and county public officials in resolving and preventing conflicts concerning administative matters. The Government Conflict Resolution Services Progr...
Ohio Rules of Superintendence Rule 15: Arbitration
Supreme Court of Ohio. Jan. 1, 2007Resource Type: Rules - Court
Abstract: Under this rule, judges in the courts of common pleas, of municipal courts, or of county courts shall consider and may adopt a plan for the mandatory arbitration of civil cases. Cases involving title to real estate, equitable relief and appeals are e...
Ohio Rules of Superintendence Rule 16: Mediation
Supreme Court of Ohio. July 1, 1997; amended Jan. 1, 2007Resource Type: Rules - Court
Abstract: Under this rule, a division of the court of common pleas, municipal court, and county court shall consider, and may adopt, a local rule providing for mediation. That rule shall include procedures for ensuring that parties may participate, screening f...
Reports
Eviction Prevention and Diversion Programs - Early Lessons from the Pandemic
Mark Treskan, Solomon Greene, Olivia Fiol, Anne Junod. Urban Institute; Housing Crisis Research Collaborative, Apr. 1, 2021Resource Type: Report
Abstract: This report details the diversity of court-based and court-adjacent eviction prevention and diversion programs that were created or adapted to prevent evictions during the COVID-19 pandemic. In this resource, eviction prevention and diversion program...
Online Dispute Resolution in the United States
American Bar Association. Sep. 1, 2020Resource Type: Report
Abstract: The ABA Center for Innovation surveyed the extent of court-annexed online dispute resolution (ODR) in the United States as it existed at the end of 2019. This report contains statistics and visualizations to document the information captured from the...
Case Studies in ODR for Courts
Joint Technology Committee. JTC Resource Bulletin , Jan. 28, 2020Resource Type: Report
Abstract: This paper presents seven case studies of ODR implementation in the courts. The case studies are short, but include key takeaways about what worked and what didn’t. The ODR programs include those in five US states, one in Canada and one in the Nether...
Case Studies in ODR for Courts: A view from the front lines
Joint Technology Committee. JTC Resource Bulletin, Nov. 29, 2017Resource Type: Report
Abstract: This paper presents nine case studies of ODR implementation in the courts. The case studies are short, but include key takeaways about what worked and what didn’t. The ODR programs include: Fraklin County, Ohio Small Claims Washtenaw County, Mich...
Ohio Civil Stalking Mediation Pilot: Final Report
Shack, Jennifer. Mar. 1, 2019Resource Type: Evaluation
Abstract: In recent years, the Courts of Common Pleas throughout Ohio have experienced a large increase in petitions for civil stalking protection orders (CSPOs). In response, the Ohio Supreme Court launched a pilot mediation program for those cases in July 20...
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Articulated Purposes and Objectives for Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jul. 1, 2011Resource Type: Report
Abstract: This report lists the stated purposes behind the creation of foreclosure mediation programs in 26 states. Program goals include ensuring communication, improving efficiency and timeliness, assisting borrowers, and stabilizing communities. Heather S....
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Court-Connected Settlement Procedures: Mediation and Judicial Settlement Conferences
Wissler, Roselle. Ohio State Journal on Dispute Resolution, Jan. 1, 2011Resource Type: Study, Journal
Abstract: This empirical study of the procedural preferences of attorneys found that they demonstrated a preference for mediation conducted by staff mediators over judicial settlement conferences and mediation conducted by volunteer mediators. The study is bas...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
Victim Offender Dialogue in Crimes of Severe Violence: A Multi-Site Study of Programs in Texas and Ohio
Umbreit, Mark S., et al.. Dec. 1, 2002Resource Type: Study
Abstract: This study examines statewide victim offender dialogue programs to provide victims of severe violence the opportunity to meet the offender should the offender agree. For the study, 79 interviews were conducted - 40 with victims or family survivors, 3...
Hamilton County Juvenile Court Permanent Custody Mediation
Thoennes, Nancy; Center for Policy Research. Oct. 1, 2002Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This study of a pilot program for the mediation of issues surrounding the termination of parental rights used random assignment to compare the outcomes of mediated cases to those that went through the traditional process. It found that 38.8% of media...
Court-Connected Mediation in General Civil Cases: What We Know from Empirical Research
Wissler, Roselle L. Ohio State Journal on Dispute Resolution, Jan. 1, 2002Resource Type: Study
Resource Type: Mediation Efficacy Study
Abstract: This article presents the findings from three empirical studies of nine courts in Ohio: two studies involved pilot mediation programs in five courts; one involved a "settlement week" mediation program in four courts. To conduct the studies, questionn...
Permanent Custody Mediation Lucas County Court of Common Pleas - Juvenile Division
Thoennes, Nancy. Nov. 1, 2001Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: For this evaluation of a pilot program in Ohio in which termination of parental rights was mediated, cases were randomly assigned to mediation. Variables examined were settlement rate, outcomes, cost to court, and participant perception of mediation....
Family Law Mediation: Study Suggests Domestic Violence Does Not Affect Settlement
Wissler, Roselle L.. Dispute Resolution Magazine, Jan. 1, 1999Resource Type: Study
Abstract: This article reports the findings from a study that looked at whether settlement rates of domestic relations cases differed if there was violence involved in the disputes. The study looked specifically at cases mediated in Maine and Ohio in 1996-1998...
Trapping the Data: An Assessment of Domestic Relations Mediation in Maine and Ohio Courts
Wissler, Roselle L.. May. 1, 1999Resource Type: Report
Resource Type: Mediation Efficacy Study
Abstract: This report looks at domestic relations mediation in thirteen courts in Maine and six courts in Ohio. The data was gathered from participant questionnaires submitted for 789 cases mediated in Maine between February 1996 and March 1997 and from 154 ca...
Ohio Attorneys' Experience With and Views of Alternative Dispute Resolution Procedures
Wissler, Roselle L.. Mar. 1, 1996Resource Type: Study
Abstract: This study presents the results of a questionnaire given to a random sample of attorneys in Ohio. The responses were used to measure attorneys' experience with ADR procedures. The study found that Ohio attorneys' experience with ADR procedure as coun...
The Use of Mediation to Resolve Workers' Compensation Cases: A Report to the Tenth Appellate District of the Court of Appeals of Ohio
Hanson, Roger A.. Jan. 1, 1997Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This report examines the workers' compensation mediation program in the Tenth Appellate District of Ohio. In this program, "cases were referred to mediation on a random assignment basis. . . mediated cases were similar to nonmediated or control group...
Alternative Dispute Resolution Programs in Ohio, Michigan and Illinois
Shaw, Margaret; Keating, J. Michael Jr.. Jan. 1, 1990Resource Type: Study
Abstract: The purpose of this book is to examine and compare existing court-related ADR programs in the states of Illinois, Michigan and Ohio. The data for the study was conducted by a survey questionnaire that was administered in 1988 and 1989. The survey was...
The Multi-Door ADR Program of the Northern District of Ohio
U.S. District Court for the Nothern District of Ohio.Resource Type: Report
Abstract: The Multi-Door ADR Program of the Northern District of Ohio began on January 1, 1992 and offers mediation, arbitration, early neutral evaluation, summary bench trial and summary jury trial processes for the resolution of civil cases. This program des...
The Summary Jury Trial and Other Alternative Methods of Dispute Resolution: A Report to the Judicial Conference of the United States Committee on the Operation of the Jury System
Lambros, Judge Thomas D.. Federal Rules Decisions, Jan. 1, 1984Resource Type: Report
Abstract: This report provides an overview of the different methods of dispute resolution and then discusses the summary jury trial (SJT) in detail. The author analyzes the benefits of this method, its foundation, process, and the selection of cases. In additi...
Contacts
Vorys Research Institute on Courts and Dispute Resolution
Resource Type: Organization
Abstract: This is a program of the Ohio State University College of Law, which "provides research and outreach services to local, state, and federal court personnel who seek to learn more about mediation's effectiveness or who want to create and maintain high-...
Ohio Supreme Court Dispute Resolution Section
Supreme Court of Ohio.Resource Type: Organization
Abstract: The Ohio Supreme Court Dispute Resolution Section was established in 1992 and "has helped establish mediation programs in more than 50 courts" in Ohio. The section trains mediators and provides funding and consulting for the programs, which exist in ...
Capital University Law School Center for Dispute Resolution
Capital University Law School Center for Dispute Resolution.Resource Type: Organization
Abstract: The Capital University Law School Center for Dispute Resolution was established in 1984 with a mission "to serve as a resource for and to be engaged in teaching, training, experimentation, application, development, and research with regard to the pro...