Mediation Services
What is the Mediation Services Program?
Mediation is a confidential and informal way to solve problems with the help of a neutral person called a mediator. The mediator helps both sides talk through the issues and try to reach an agreement. The Mediation Services Program is offered at no cost to parties with open cases and can help people settle their case faster, with less cost and stress than going to trial.
What are the Benefits of Mediation?
Mediation gives people the chance to solve their problems themselves instead of having a judge or magistrate decide for them. The mediator is a neutral person who does not take sides or make decisions. Instead, they help guide the conversation so the parties can reach an agreement that works for everyone.
Mediation can lead to practical, reasonable, or even creative solutions that might not come up in court. It also allows private conversations with the mediator, which can make it easier to find common ground. Mediation often saves time, money, and stress, and helps avoid the uncertainty of going to trial.
What Topics can be Discussed in Mediation?
The Mediation Services Program covers several different areas of the Court, including:
A wide variety of topics can be mediated, such as divorce, property allocation, spousal support, custody or shared parenting, parenting time schedules, visitation, financial support, other parental rights and responsibilities, placement of a child, case plans, school attendance and minor misdemeanors for first time offenders.
How can My Case go to Mediation?
All cases must be court-ordered to mediation, meaning a Judge or Magistrate must complete an Entry/Order referring the case to mediation services. Once your case is ordered, you must reach out to the Dispute Resolution Department (DRD) to begin the intake and scheduling process for your first mediation session.
The Dispute Resolution Department screens all cases to make sure they are suitable and qualify for mediation. The DRD may decline any referral that is not appropriate for mediation. If your case is suitable for mediation, the DRD schedules a mediation session and notifies all the participants of the date and time of the mediation session.
Here are links to the relevant Court Entries/Orders:
Where does the Mediation Happen?
Mediation sessions are held at the courthouse. Please go to the Dispute Resolution Department at 373 South High Street, 3rd Floor, Columbus, OH 43215. When you get off the elevator on the 3rd floor, turn right and follow the hallway all the way to the end. You will check in at the desk at the end of the hallway.
Sessions are in-person, or in limited circumstances by Zoom. A mediation session may take 2 hours depending on the number and complexity of the issues that are being mediated. The participants may meet for only one session or be asked to return for additional sessions.
Who Must Participate?
Mediation is a joint, cooperative problem-solving process, and it is necessary for all parties in the case to participate.
May I Bring My New Spouse, Fiancé, Girlfriend, Boyfriend, Parent or Child to the Mediation Session?
Usually, the mediation session includes only participants listed on the Court Order/Entry for Mediation. If you believe there are other people who should participate, contact the Dispute Resolution Department prior to the mediation session. Individuals who accompany participants to the session, and who do not participate in the actual mediation session, may wait in the reception area.
Childcare is NOT available. Please do not bring children to the mediation unless the court specifically ordered the child to participate in the mediation session.
Do I Need an Attorney?
Mediation is an out-of-court procedure, and attorneys are not required. However, parties have the right to have their attorneys present and participate in the mediation. Please contact the Dispute Resolution Department if your attorney will attend. Also, when the parties reach agreement in mediation, they may need to incorporate the final agreement into an Agreed Judgment Entry. Attorneys can assist with this process.
Agreements Reached in Mediation
Any agreement reached in mediation must be voluntary on the part of each participant. No agreement will be reached unless each participant is satisfied with all the statements contained in the agreement.
Mediation agreements become legally binding if a formal complaint or motion is filed with the Court, the agreement is presented to the Court in the form of an Agreed Judgment Entry, and the Court approves the proposed Agreed Judgment Entry. This process is necessary to make the agreement reached in mediation an enforceable Court Order.
What Happens if No Agreement is Reached?
Whether or not an agreement is reached, parties must attend their next scheduled court hearing. A mediation session may be terminated by any of the participants or by the mediator. If no agreement is reached, a Judge or Magistrate may make a final decision.
What can a Mediator Tell a Judge?
The only information the mediator shares with the Court is the outcome of the mediation and who attended.
The mediator is not permitted to share other information with the Court or give the Court a copy of the Agreement reached in mediation without the consent of all the participants. The only exception is that a mediator may be required to report new allegations of abuse or neglect of a child, threats of bodily harm, and information about certain crimes, if these topics are brought up in the mediation session.