Rule 16.53 - Neutral Evaluator Education and Training(A)Civil or probate casesPrior to accepting appointment in a civil or probate case of a court, an evaluator or team of evaluators shall individually possess or, where applicable, in combination possess the following qualifications:
(1) Be licensed to practice law in Ohio, with at least five years of experience working in the area of civil or probate litigation as applicable based upon the nature of the case before the evaluator. The evaluator, if one evaluator is conducting the neutral evaluation, or at least one member of the evaluation team, if a team of evaluators is conducting the neutral evaluation, shall have participated in civil trials or probate proceedings, as applicable, to the satisfaction of the court.(2) At least one evaluator conducting the neutral evaluation shall have completed "Fundamentals of Mediation Training" approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission on Dispute Resolution under Sup.R. 16.23(A)(1) or be otherwise qualified under Sup.R. 16.23 as a civil mediator in Ohio.(B)Domestic relations and juvenile casesPrior to accepting appointment in a domestic relations or juvenile case, a team of evaluators shall possess the following qualifications:
(1) At least one evaluator conducting the neutral evaluation shall be licensed to practice law in Ohio, with at least five years of experience working in the area of domestic relations or juvenile law. The second evaluator may also be licensed to practice law in Ohio, with at least five years of experience working in the area of domestic relations or juvenile law, or possess a master's degree in the fields of psychology, social work, sociology, counseling, or related field acceptable to the court, with at least five years of experience working with children and families;(2) Comply with the requirements of division (A)(2) of this rule;(3) At least one evaluator shall have completed "Specialized Family or Divorce Mediation Training" approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission on Dispute Resolution under Sup.R. 16.23(B)(1)(c);(4) At least one evaluator shall have completed "Specialized Domestic Abuse Issues and Mediation Training" approved by the Supreme Court Dispute Resolution Section in accordance with standards established by the Commission on Dispute Resolution under Sup.R. 16.23(B)(1)(d).(C)Continuing education(1) An evaluator shall complete at least three hours per calendar year of continuing education relating to neutral evaluation, negotiation, mediation, or the area of law in which the evaluator evaluates.(2) If a neutral evaluator fails to comply with the continuing education requirement of division (C)(1) of this rule, the neutral evaluator shall not be eligible to serve as a neutral evaluator until the requirement is satisfied.Ohio. R. Superi. Ct. 16.53
Adopted September 6, 2022, effective 1/1/2023.