Rule Temp. Sup. R. 1.03 - Scope of Pilot Project(A)Cases eligible for mediation A participating judge or magistrate of a pilot project court shall accept a civil stalking protection order case for mediation if all of the following conditions are met:
(1) The case is within the statutory jurisdiction of the court;(2) The petitioner and respondent have the capacity to negotiate an agreement that is satisfactory;(3) The petitioner and respondent are knowingly and voluntarily participating based on informed consent, in good faith, free from coercion or intimidation, and absent from coercive, controlling, or abusive conduct.(B) Cases not eligible for mediationA participating judge or magistrate of a pilot project court shall not accept a civil stalking protection order case for mediation if any of the following conditions are met:
(1) The petitioner is a family or household member of the respondent;(2) The allegations in the civil stalking protection order petition involve domestic violence or a sexually oriented offense;(3) The mediation may result in excusing the violence or violent conduct of the respondent or would be used to negotiate any type of violence alleged in the petition;(4) The pattern of conduct or threat of violence from the respondent limits the petitioner from negotiating without fear, intimidation, or concern for the safety of a family or household member;(5) Any other circumstance that disfavors the use of mediation in the case, including but not limited to any of the following: (a) Ongoing physical violence; (b) Threats of serious physical harm or the threatened use of firearms; (c) Coercion or intimidation based on past violence; (d) The petitioner's fear of the respondent despite the implementation of safety precautions;(e) Controlling or manipulative conduct or hostility from the respondent toward the petitioner or the mediation process;(f) Any other circumstance deemed relevant that puts the petitioner, respondent, or mediator at risk of harm or abuse.(C)Process for mediation (1) A participating judge or magistrate of a pilot project court hearing a civil stalking protection order case may assess the case for mediation eligibility after the filing of the petition and before the full hearing. (2) Upon determining the suitability of a civil stalking protection order case for mediation, the judge or magistrate may grant an ex parte civil protection order and shall hold the mediation before the full hearing.(3) The judge or magistrate, at the judge's or magistrate's sole discretion and for good cause shown, may continue the case and shall extend the duration of the ex parte civil protection order, if one has been granted, to allow adequate time for effective screening of the parties and scheduling and holding the mediation.(D)Requirements during mediation A civil stalking protection order case determined to be eligible for mediation shall be subject to both of the following requirements:
(1) Regardless of the expressed interest of the petitioner and respondent to mediate the civil stalking protection order case, it shall be at the sole discretion of the mediator to accept or terminate the case after assessing the capacity of the parties to mediate; (2) The mediator shall take reasonable precautions to create a safe mediation environment.Ohio. R. Superi. Ct. Temp. Sup. R. 1.03
Adopted on a temporary basis effective 6/1/2017.