Rule 20 - Prehearing Conference and MediationA. Pursuant to App. R. 41 and App.R. 20, this court hereby adopts the following prehearing and mediation conference procedure, applicable only to civil appeals and original actions filed in this court.B. The R.C. 2710 "Uniform Mediation Act" (UMA), including all definitions found in R.C. 2710.01, are incorporated by reference and adopted by this court through this local rule.C. Requesting and Scheduling Mediation.1. The court shall review the docketing statement to determine whether mediation would be of assistance to the parties or the Court.2. The court has discretion to encourage parties to use mediation in any original action or civil appeal filed in this court. A case may be submitted to mediation as provided by this rule at the discretion of this Court. The court may issue an order regarding mediation on its own motion, upon the motion of counsel, upon the request of a party, or upon referral by the mediator.3. If an appeal or original action is selected for mediation, the mediator shall notify the parties (and any necessary nonparties) of the date, time and location of the mediation conference. Parties (and necessary nonparties) must attend the mediation conference as ordered by the mediator, or must otherwise give prior notice to the mediator of the reasons for non-attendance or the reasons for requesting a continuance of the conference.4. Any party requesting mediation may contact the mediator by phone, email, or fax, or may file a notice with the Court. Such requests may be made confidentially if the requesting party desires. Such requests shall be submitted as soon as possible after initiation of the appeal or original action, generally within ten (10) days from the date the appeal or original action is filed.5. Mediation shall not be used as an alternative to the prosecution or adjudication of domestic violence; in determining whether to grant, modify, or terminate a protection order; in determining the terms and conditions of a protection order; and in determining the penalty for violation of a protection order.a. Nothing in this section shall prohibit the use of mediation in a subsequent divorce or custody case, even though that case may result in the termination of the provisions of a protection order; or in a juvenile delinquency case, even though the case involves juvenile-perpetrated domestic violence.D. Purposes and Procedure of a Mediation Conference.1. The primary purposes of the mediation conference are: (1) to explore settlement possibilities through mediation,(2) to simplify the issues in the appeal or original action if settlement is not possible, and(3) to address any anticipated procedural problems. Additionally, any other matters that the mediator determines may aid in handling the disposition of the proceedings will be considered.2. The mediation conference shall be held with the Court's mediator. Follow up conferences may be conducted, either in person or by telephone, as directed by the mediator or by the Court.3. The scheduling of a prehearing mediation conference does not stay the time for filing the record, transcript of proceedings, or briefs.a. If a prehearing mediation conference is scheduled, any party may request an extension of time for filing the record or for filing a brief by phoning the mediator, or making an oral or written request at the conference. One (1) limited 20-day extension shall normally be granted if requested. Any other requests for extensions of time shall be by motion filed with the Court, unless otherwise directed by the mediator.b. Generally, no more than one (1) extension shall be granted, unless such an extension will facilitate settlement. In all cases, requests for extensions of time should be made prior to the expiration of the time sought to be extended.E. Attendance. Unless otherwise instructed by this Court, the following persons shall attend the prehearing mediation conference in person: counsel; the parties necessary for full settlement authority including insurance adjustors; and litigants not represented by counsel. "Counsel," for purposes of this rule, means the attorney with primary responsibility for the case and upon whose advice the party relies. Persons excused in advance by the Court from attending in person shall be available by telephone during the scheduled conference.F. Privilege and Confidentiality. 1. The privilege provisions of the Uniform Mediation Act, R.C. Chapter 2710, apply to all mediation conferences and communications. Mediation communications shall be privileged and confidential, and therefore, shall not be disclosed by the mediator or by the parties and shall not be used by the parties when presenting or arguing the case.2. By participating in mediation, a nonparty participant, as defined in R.C. 2710.01(D), submits to this Court's jurisdiction to the extent necessary for the enforcement of this rule. Any nonparty participant shall have the rights and duties under this rule as are attributed to parties, except that no evidence privilege shall be expanded.G. Pre-mediation Summary. If a case is selected for a mediation conference, the parties may (optional) provide a confidential and privileged pre-mediation summary or statement prior to the mediation. The parties are not required to serve opposing counsel. The summary or statement shall not be delivered or disclosed to any other party in the case, and shall not be filed with the Court, but shall be delivered directly to the mediator by mail, fax, or email.H. Prehearing Mediation Conference Order. At the conclusion of the prehearing mediation conference, the Court, upon recommendation of the mediator, may enter an order setting forth the actions taken based on the agreements reached by the parties. Such order shall govern the subsequent course of proceedings, unless modified by this Court.I. The mediator shall maintain resources for the mediation parties, including victims and suspected victims of domestic violence, encouraging appropriate referrals to legal counsel and other support service such as Children Services, domestic violence prevention, counseling, substance abuse, and mental health services.J. Noncompliance Sanctions. Failure to comply with the provisions of this rule or any order of this Court relating to a mediation conference may result in dismissal of the proceeding or an assessment of such costs as may be attributable to noncompliance including, but not limited to, attorney fees and court costs.