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1. What is Mediation?

As defined by R.C. 2710.01(A) “Mediation” means any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. Thus, mediation assists parties with issue identification and problem solving. A neutral third party, called a mediator, assists parties in sorting through important issues and working toward the resolution of their conflict.

2. Why Should I Mediate? Do I need an Attorney to participate?

Court Mediation allows parties to directly discuss important issues and work toward a resolution that parties believe is in their best interest rather than having a Judge or Magistrate decide for them. Additionally, official Court proceedings are often costly and time consuming and representatives speak for the parties while mediation offers a more expeditious resolution with direct participation by the parties. Court Mediation does not require that parties have an attorney to participate.

3. What types of cases and situations are able to be mediated at the Mahoning County Court of Common Pleas, Juvenile Division?

Many types of cases and situations may be successfully resolved through mediation, including: Victim-Offender cases; Truancy issues; Parenting and Family conflict; and Allocation of Parental Rights and Responsibilities (including third-party cases). Mediation is also beneficial for eligible cases involving restitution. Mediation is not appropriate for cases filed where parties seek to obtain protection orders or as an alternative to domestic violence charges.

4. How Is a Case Referred to Mediation?

Cases may be informally referred, or formally referred by a court order, to participate in Court Mediation. The referral may be made by the Judge, Magistrate, court worker, police report or by parties themselves (or through their attorneys). Referrals can be made at any stage of court involvement and parties may be ordered to participate at any time.

5. What Should I Expect Once My Case is Referred for Mediation?

Once a case is referred it is reviewed and screened for appropriateness (not all cases are appropriate for mediation, however). Parties may be contacted directly during this time by the Mediation Assistant; parties typically do not speak with the Mediator directly until the scheduled mediation. Once accepted, parties will be contacted with the date and time for their session. It is important all parties receiving notices to attend are present.

6. What should I Expect Once I Arrive for Mediation?

Upon arrival, parties will fill out a form asking for basic contact information as well as answer a few brief questions to allow the mediator to best assist the parties during the mediation process. The mediator usually meets with each party individually, either during a separate appointment or prior to the scheduled mediation time, to allow parties a chance to discuss their perspective prior to bringing all parties together.

During mediation each party will have an opportunity to speak and be heard. A mediator will facilitate the mediation in a way comfortable to the parties and conducive to the current situation. This could be either face to face (with parties in the same room communicating directly) or as a shuttle (with parties in separate rooms and the mediator moves between the rooms relaying information). While a mediator may offer suggestions to the parties to assist in resolving conflict, any agreement reached will be by the parties.

7. How Long Will Mediation Take? What does it cost?

Each case is unique. Generally, cases scheduled for an individual consult with a mediator will last one (1) hour. Cases scheduled for a joint session, with all parties present, generally last two (2) hours per session. Some cases may require multiple mediation sessions. Mediation sessions are typically scheduled during traditional court hours of operation. Court Mediation offers, on a case by case basis, non-traditional hours (late afternoon and evening, for example) to better accommodate the needs of participants. At this time, there is no cost for a mediation session through Court Mediation.

8. What About Confidentiality and Privilege?

Open communication is essential in mediation. Under Ohio law, mediation communications are privileged, to the extent allowed by law. Additionally, parties agree in writing prior to the start of mediation that communications are, unless mutually agreed otherwise, confidential to the extent allowed by law. This helps facilitates dialogue between and among parties. Under Ohio law, information disclosing unreported abuse or neglect, threats of harm to one’s self or another, information communicated in furtherance of or to hide criminal activity and/or first-hand knowledge of felony activity disclosed during mediation may be reported to the proper authorities.

9. What Happens If I Cannot Reach an Agreement Through Mediation?

If parties do not believe they are able to reach a mutually acceptable resolution through Court Mediation, the case may then return to or proceed further into the official court process.