Mediation Institutionalization Project

MEDIATION INSTITUTIONALIZATION PROJECT
Phase one: 12-Site Project, July 1,1997-June 30, 2000
Phase I

Office of Dispute Resolution Programs
The Supreme Court of Ohio

EXECUTIVE SUMMARY
July 1, 2000

History of Project

Based on the success of three civil mediation pilot projects in Stark, Montgomery, and Clinton counties, the Supreme Court of Ohio received nearly $1 million for the 1998-2000 biennium from the General Assembly to establish additional court-based mediation programs and to further the research on institutionalizing mediation in Ohio's courts. The Supreme Court Committee on Dispute Resolution selected 12 sites from 45 applicants to participate. The general goal of the research project was to expand upon the preliminary data, which strongly suggested that providing court-based mediation services is both desirable and effective as a case-flow management tool.

Specific goals of the Mediation Institutionalization Project were:

  1. To increase public awareness of and use of mediation

  2. To raise bench, bar, and public awareness and comfort levels in regard to the mediation process as an integral part of court case-management systems

  3. To meet the needs of the parties by providing opportunities for collaborative problem-solving

  4. To provide the benefit of mediation to Ohio citizens, especially in those cases involving families and children

  5. To expedite case processing

  6. To decrease judicial involvement

  7. To produce early, effective resolutions of pending cases through voluntary settlements

  8. To assist attorneys and litigants in narrowing issues and better enabling them to prepare cases for settlement before trial or for trial, if needed

  9. To implement and test a data collection format that would assist courts in monitoring mediation and mediators to ensure quality

Summary of Activities

Mediation coordinators have successfully provided mediation services in a variety of areas under the grant (see program descriptions). Additionally, they have presented trainings for their local bar association and other professional entities and have presented at state and national professional functions. These presentations, coupled with those directly sponsored by the Supreme Court, have significantly increased awareness of and usage of mediation to meet project goals. In the family arena, collaboration between mediators and parent educators has resulted in an increasing number of parent education courses including information about mediation. Mediators report greater success among clients who have participated in these augmented programs. Mediation orientation for civil litigants (non-family cases) tends to be truncated and incorporated into the mediation session. It is likely that preparatory or informational sessions for civil litigants could improve usage of and success in mediation. A cursory review of attorney, client, and mediator surveys, as well as anecdotal comments from judges, clients and attorneys reflect that goals three through nine have also been accomplished. Computers were distributed to the 12-Site participants in the fall of 1999 and data collection procedures are being further refined.

All of the programs will continue after the Supreme Court grant terminates. Most of the courts will fund their program through a combination of add-on filing fees and local county appropriations. One court will also use user fees and another has been successful in obtaining a federal grant. Two sites (Hamilton County Common Pleas Court and Henry/Defiance/Fulton/Williams County Courts) will receive funds from the Supreme Court for one year to fund expansion efforts. Cuyahoga County Juvenile Court and Perry County Main Street Mediation will receive supplemental funding through June 2001.

Listed below is information on each of the 12 sites that participated, a brief description of their program, and contact information:

  1. Ashtabula Joint Court Mediation Project

    Program Description
    A joint-court effort has enabled disputants from throughout the county to participate in mediation prior to or after, filing civil matters in all case types. Referrals include common pleas suits, domestic relations disputes, juvenile offenders (unruly and truancy matters) as well as all small claims matters (e.g. consumer and landlord/tenant disputes). A small number of neighbor disputes and victim-offender referrals are also made through lower jurisdictions. The courts involved include the Court of Common Pleas (general, domestic relations, juvenile divisions) Ashtabula Municipal Court, Conneaut Municipal Court, and Eastern and Western County Courts.

    Staffing
    A full time mediation coordinator and a full time mediator provide mediation services and manage a pool of volunteer mediators.

    Previous ADR Programming Experience
    Since 1995, the Court of Common Pleas has made use of formal dispute resolution procedures in: (a) Settlement Week and (b) pre-decree mediation of parenting disputes. A local court rule allows Family Court Services to refer parents of minor children to mediation upon completion of the mandatory parent education program. Parties also have the option of contracting for private mediation services with providers from a court-approved list. Waiver of mediation may be granted for good cause.

  2. Clark County Court of Common Pleas, Domestic Relations Division, Juvenile Section

    Program Description
    This program expands existing mediation services in the areas of: (a) Juvenile - dependency, abuse and neglect and (b) Domestic Relations programming - divorce, domestic protection, civil protection orders. The court also provides training for attorneys and volunteers. Staffing - Full time Mediation Coordinator and full time mediator. Additionally, uses volunteers, including some graduate students.

    Previous ADR Programming Experience
    Juvenile, victim-offender mediation, used in conjunction with probation and diversion programs for the Juvenile Section, pilot project for truancy mediation in Springfield, abuse dependency and neglect cases. Have mediated domestic relations cases since 1995.

  3. Cuyahoga County Court of Common Pleas, Juvenile Court Division

    Program Description
    Mediates abuse, dependency and neglect cases; family disputes/domestic violence cases; and delinquency cases.

    Staffing
    Employs a full-time mediation coordinator, a part-time mediator/trainer and uses contract mediators.

    Previous ADR Programming Experience
    The current Cuyahoga County Juvenile Court Custody Mediation Project developed during 1994-1995 under the joint sponsorship of the Juvenile Court, the Cuyahoga County Bar Association, and the Cuyahoga County Bar Foundation. It has provided victim-offender mediation services.

  4. Franklin County Court of Common Pleas, Division of Domestic Relations and Juvenile Branch

    Program Description
    The MAND Project (Mediation of Abuse, Neglect, and Dependency) provides mediation services of abuse, dependency, and neglect cases both at the pre-adjudication and post adjudication stage of the Juvenile Court process. Judges, magistrates, attorneys, Children's Services caseworkers, guardians ad litem and parties refer cases. With full agreement of the parties, the magistrate can journalize agreements, immediately after the mediation.

    Staffing
    Employs a full time mediation coordinator/mediator, a case manager, and uses contract mediators.

    Previous ADR Programming Experience
    The court has offered domestic relations mediation since 1989, making participation in mediation orientation mandatory in contested cases involving children. Party participation in mediation however, is voluntary. Once parties are screened and found to be suitable for mediation they may select a court-approved mediator. Magistrates refer juvenile cases and grandparents' rights cases on a case-by-case basis.

    A Companionship Mediation program was established in 1999 to mediate conflicts between parents or other caregivers regarding court ordered visitation. Court staff mediators conduct these mediations.

    The Juvenile Court has offered victim-offender mediation since 1997. The program utilizes volunteer mediators to mediate approximately 300 cases annually. A wide variety of cases are mediated through this program, including menacing telephone harassment, domestic violence, and theft. In 1999, 88 percent of cases mediated in Juvenile Victim Offender Mediation program reached a full agreement.

  5. County of Hamilton, Court of Common Pleas Municipal Court

    Program Description
    Program entails two parts: (a) training for municipal court mediators to handle unwed parenting issues since many criminal complaints stem from these issues. (b) mediation of civil cases; education of bar members and coordinating Settlement Week.

    Staffing
    Employs one full time mediation coordinator and uses two contract mediators. Effective July 1, 2000, grant funding will provide a second full-time mediator.

    Previous ADR Programming Experience
    Compulsory arbitration has been used since 1972 on civil claims under $50,000 under adoption of Local Rule 24. Mediation of civil cases has been available since 1988, under adoption of Local Rule 31. Settlement Week has been used since 1990. Court-Guided Addiction Treatment, used since 1995, under Local Rule 35, for the diversion of cases if successful treatment is completed.

    Private Complaint Mediation Service has provided mediation as an alternative to criminal prosecution, since 1974, by Municipal Court Administrative Rule 1.12.

  6. Henry, Defiance and Fulton County Courts Mediation Project

    Nine courts are involved in the three-county collaboration: Henry County Court of Common Pleas (General, Domestic Relations, Juvenile, and Probate divisions), Defiance County Court of Common Pleas (General and Domestic Relations), Defiance County Court of Common Pleas (Probate and Juvenile), Defiance and Napoleon Municipal Courts, Fulton County Court of Common Pleas, Fulton County Juvenile and Probate Court, Eastern District County Court and Western District County Court. In July 2000 courts in Williams County will join the project.

    Program Description
    Provides mediation of a wide variety of disputes including, small claims, zoning and land use, animal control etc.

    Works with local schools and Juvenile Courts to develop mediation of truancy and unruly behavior cases.

    Staffing
    Employs a full time mediation coordinator and uses three contract mediators.

    Previous ADR Programming Experience
    The courts had no previous experience; two of the counties have a history of working together successfully.

  7. Lucas County Court of Common Pleas, Juvenile Division

    Program Description
    Provides mediations of post-parentage custody and visitation issues; establishing victim offender mediation; expanding truancy mediation program; and dependency, abuse, and neglect mediation. Mediation for termination of parental rights cases was added in 1999.

    Staffing
    Full time mediator/coordinator, who manages the program, coordinates community and agency contacts with the court, and supervises volunteers.

    Previous ADR Programming Experience
    Unruly and delinquency mediations have been offered since 1991. Participant in pilot projects for truancy and child protection (dependency, abuse and neglect) mediation. Also, provides mediation of custody and visitation mediation matters arising in paternity cases.

  8. Mahoning County Court of Common Pleas

    The mediation program, which started under the 12, Court Project terminated in July 1999. This program has been reinstated and is part of Phase III of the Mediation Institutionalization Project.

  9. Montgomery County Juvenile Court

    Program Description
    Offering child protection mediation (abuse, dependency and neglect cases). Staff also mediate companionship and custody cases for unmarried parents.

    Staffing
    A mediation coordinator, and two full time mediators who co-mediate with trained, community mediators from the Dayton Mediation Center.

    Previous ADR Programming Experience
    The court has worked with Dayton Mediation Center since 1990 to offer mediation of delinquency by reason of assault, by reason of domestic violence, aggravated menacing, and menacing. Has had an in-house truancy mediation program since 1995.

  10. Perry County Court of Common Pleas, Juvenile Division and Perry County Court

    Program Description
    This program uses the services of Main Street Mediation for: (a) at the County level, mediating issues that may threaten the continuation of a dispute and, mediation of appropriate cases involving allegations of domestic abuse where the court finds that there is no real evidence of abuse and (b) at Juvenile Court, pre-filing mediation of truancy and unruly behavior cases. Uses volunteers as co-mediators; provides public education.

    Staffing
    Mediation coordinator plus volunteers

    Previous ADR Programming Experience
    The court has used the services of Main Street Mediation in the past for small claims cases and Juvenile Court cases with great success. Program has a good track record in the community. Mediators come from all walks of life.

  11. Richland County Court of Common Pleas, General Division and Juvenile Division

    Program description
    The Mediation Office conducts civil, domestic relations, and victim/juvenile offender mediations. The project serves the General Division, Domestic Relations and Juvenile Common Pleas Courts. The numbers and types of cases being mediated have been expanded.

    Staffing
    The project employs a full time mediation coordinator, a part-time mediator, and uses volunteers.

    Other ADR Programming Experience
    Prior to the grant, the General Division sponsored Settlement Week mediation of civil cases and had a victim/offender program for adult offenders. Domestic Relations Court selected a few cases for referral to private practice mediators.

  12. Toledo Municipal Court

    Program Description
    This is an additional mediation program for the court. It focuses on civil mediation rather than on criminal, and offers mediation of small claims and rent escrow issues. Provides screening and follow-up services of cases.

    Staffing
    Employs one full-time mediator to screen cases, do case management, mediate or assign cases to a mediator with the Citizens Dispute Settlement Program (CDSP), and provide mediation orientation.

    Previous ADR Programming Experience
    Has operated CDSP, which provides counseling, conciliation, and mediation. Staff of 68 lawyers, who volunteer services, and law school students conduct CDSP mediations. Areas mediated include small claims, criminal misdemeanor behavior such as theft and assault at pre-trial, pre-trial conference or at trial. Check resolution services were initiated in 1993 to resolve bad-check claims; same-day small claims mediation program started in 1994.

TEN-SITE MEDIATION INSTITUTIONALIZATION PROJECT
(Mediation 2005 - Phase II)

Office of Dispute Resolution Programs
The Supreme Court of Ohio

INTERIM PROJECT SUMMARY
July 10, 2000

History of Project

Based on the success of three civil mediation pilot projects in Stark, Montgomery, and Clinton counties and the positive indications provided by mediation projects in the 12 courts that made up Phase I of the Institutionalization Project, the Supreme Court of Ohio received nearly an additional appropriation of about $900,000 for 200-2001 biennium from the General Assembly to establish up to 10 additional court-based mediation programs and to further the research on institutionalizing mediation in Ohio's courts. The Supreme Court Advisory Committee on Dispute Resolution selected 10 sites to participate and focus on mediation of civil cases in the general divisions of the common pleas courts. The goal of the research component project was to expand upon the preliminary data, which strongly suggested that providing court-based mediation services is both desirable and effective as a case-flow management tool.

Specific goals of the Mediation Institutionalization Project are outlined above.

Summary of Activities

All of the programs have been in operation for about one year. Each mediator has received civil mediation training at the National Judicial College in Reno, Nevada and advanced training in Insurance Claims mediation at Capital University. Education for attorneys included Role of the Attorney workshops held in late spring and early summer at Tuscarawas County, Maumee Bay State Park, Mohican State Park, Ross County and Butler County.

Mediator caseloads are developing at the rate anticipated. Bar and bench support are excellent. Courts are well on their way to obtaining on-going funding for the time after grant support ends in June, 2001.

Listed below is information on each of the 10 sites participating and a brief description of their programs.

  1. Brown County Common Pleas Court - General Division

    Program Description
    The Common Pleas court in this small rural county in southern Ohio proposes to implement mediation for a full range of civil cases. The mediation office will be housed off-site near the courthouse. The court and bar are supportive of the project and note positive experiences with court-staffed mediation in Clinton and Montgomery counties as influencing their decision to apply for grant funding at this time.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    The court has had limited prior ADR experience. However, the judge and magistrate have attended educational programs about mediation.

  2. Champaign County Common Pleas Court - General, Domestic Relations and Juvenile Division

    Program Description
    The Common Pleas court in this small rural county in western Ohio mediates a limited number of civil cases. The mediation office is housed in the courthouse. The court and bar are very supportive of the family mediation components of the project, but there has been some resistance to civil mediation. A large number of attorneys attended the workshop at Mohican State Park and staff believes referrals of civil cases should increase.

    Staffing
    The court has a mediation coordinator and a full-time support person who mediates some juvenile cases. Two contract mediators are also available.

    Other ADR Programming Experience
    The court had implemented child protection, parenting and divorce mediation before receiving the grant.

  3. Clermont County Common Pleas Court - General Division

    Program Description
    The Common Pleas court in this larger southwestern Ohio county mediates civil cases. The mediation office is housed in the courthouse. The court and bar are very supportive of the project, but there has been some resistance to civil mediation.

    Staffing
    The court has a mediation coordinator, a full-time support person who mediates some juvenile cases, and two contract mediators assist her.

    The court also has a mediator and a full-time support person.

    Other ADR Programming Experience
    The court had implemented civil mediation before receiving grant funds and used the grant to expand the position to a full time mediator.

  4. Huron, Ottawa, Seneca, Sandusky County Common Pleas Courts

    Program Description
    The Common Pleas courts in four small north central counties joined together to hire a full-time mediation coordinator. The mediation office is housed near the courthouse in Sandusky County. Mediation space is provided in the other counties. The courts and bar are very supportive of the project.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    These courts had limited prior mediation experience.

  5. Lawrence County Common Pleas Court

    Program Description
    The Common Pleas courts in this small southeastern Ohio county currently rely on judicial referrals for cases that are mediated. The mediation coordinator has worked hard to increase referrals by meeting with local attorneys and education for the community as a whole. The mediation office is in the courthouse.

    Staffing
    The court has a mediation coordinator. Support staffing is part time.

    Other ADR Programming Experience
    This court had limited prior mediation experience.

  6. Lorain County Common Pleas Court

    Program Description
    The Common Pleas court in this urban county in northern Ohio has developed court, bar and public support. The mediation office is near the courthouse.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    This court had extensive experience with Settlement Week and had applied for a grant in both the pilot project and Phase I.

  7. Lucas County Common Pleas Court

    Program Description
    The Common Pleas court in this urban county in northwestern Ohio has developed court and bar support. The mediation office is in the courthouse.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    This court had experience with Settlement Week, early neutral evaluation and some active involvement in settlement conferences by individual judges.

  8. Portage County Common Pleas Court

    Program Description
    The Common Pleas court in this larger county in northern Ohio has developed court and bar support. The mediation office is in the courthouse.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    This court had limited mediation experience.

  9. Tuscarawas County Common Pleas Court

    Program Description
    The Common Pleas court in this medium-sized county in eastern Ohio has included a limited number of family mediations in its project. The court has also developed a settlement conference program for workers' compensation cases. The mediation office is in the courthouse.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    This court had some family mediation experience and a Settlement Week before receiving the grant.

  10. Union County Common Pleas Court

    Program Description
    The Common Pleas court in this small, rural county in central Ohio has included a limited number of family mediations in its project. Community, bench and bar support are very strong. The mediation office is in the courthouse.

    Staffing
    The court has a mediation coordinator who is assisted by a full-time support person.

    Other ADR Programming Experience
    This court had significant experience with family and victim offender mediation before receiving grant funding. The transition to mediation of civil cases has been very smooth.

SIX-SITE MEDIATION INSTITUTIONALIZATION PROJECT
(Mediation 2005 - Phase III)

Office of Dispute Resolution Programs
The Supreme Court of Ohio

PRELIMINARY PROJECT SUMMARY
May 26, 2000

Based on the initial success of three civil mediation pilot projects in Stark, Montgomery, and Clinton counties, the Supreme Court of Ohio plans to assist every interested common pleas court in establishing mediation programs by 2005. The Court received nearly $1 million for the 1998-2000 biennium from the General Assembly to establish 12 court-based mediation programs and to further the research on institutionalizing mediation in Ohio's courts. The Supreme Court Advisory Committee on Dispute Resolution selected 12 sites from 45 applicants to participate in this first phase.

Ten additional courts were selected in the second phase, in 1999, to receive two-year funding to support mediation of civil cases in the general divisions of the common pleas courts. (Phase II) Most recently, six programs were selected to participate in Phase III of the project. They will receive funding beginning July 1, 2000 through June 30, 2002.

Specific goals of the project are set forth above.

  1. Brown County Common Pleas Court - General Division

    Program Description
    The Common Pleas court is this small rural county in southern Ohio proposes to implement mediation for a full range of civil cases. The mediation office will be housed off-site near the courthouse. The court and bar are supportive of the project and note positive experiences with court-staffed mediation in Clinton and Montgomery counties as influencing their decision to apply for grant funding at this time.

    Staffing
    The court has a full-time mediation coordinator and will hire a full time support staff person.

    Other ADR Programming Experience
    The court has had limited prior ADR experience. However, the Judge and magistrate have attended educational programs about mediation.

  2. Clark County Court of Common Pleas - General Division

    Program Description
    The Common Pleas Court and the Domestic Relations court will collaborate to build on the extensive experience with juvenile and domestic relations mediation experience under the 12 Court Institutionalization grant. The Domestic Relations court will hire a mediation coordinator to oversee the activities of the mediation center, which will add civil mediation services to the existing juvenile court services. The mediation center will be located in Kiefer Alternative School. Mediation space is available in the courthouse.

    Staffing
    The court will hire a full time mediation coordinator and an additional support staff person will be added to the existing mediation staff.

    Other ADR Programming Experience
    The court has extensive experience offering mediation services in the Juvenile and Domestic Relations courts.

  3. Greene County Court of Common Pleas - General Division

    Program Description
    The Common Pleas Court in this mid-sized county plans to offer mediation in a full range of civil cases. The court and bar are supportive of the project and note positive experiences with court-staffed mediation in Montgomery county as influencing their decision to apply for grant funding at this time. Office and mediation space is available in the courthouse.

    Staffing
    The court has a full-time mediation coordinator and will hire a full-time support staff person.

    Other ADR Programming Experience
    The county has experience offering mediation in the Juvenile Court.

  4. Mahoning County Court of Common Pleas

    Program Description
    The Common Pleas Court in this urban county has a mediator on staff, funded by the court. The grant will cover the cost of a support person for the program. The mediation program will operate in a full range of civil cases. Office and mediation space is available in the courthouse.

    Staffing
    The court has a full-time staff mediation coordinator and a full-time support staff person.

    Other ADR Programming Experience
    Mediation has been offered in domestic relations, juvenile courts, and municipal courts and through Dispute Resolution Services of Mahoning Valley. The Common Pleas Court has previously offered mediation through the use of a part-time mediator.

  5. Medina County Court of Common Pleas/Wayne County Court of Common Pleas

    Program Description
    Two common pleas courts will share amediator. Office and mediation spaces are available in each courthouse.

    Staffing
    The courts will hire a full-time mediation coordinator and a full-time support staff person to be shared between the two counties.

    Other ADR Programming Experience
    The court has experience using non-binding arbitration and Settlement Week. Medina County magistrates have served as mediators on an ad-hoc basis. Domestic relation mediation has been provided in Medina County and Wayne County Juvenile Court has offered mediation services.

  6. Muskingum County Common Pleas Court

    Program Description
    This court will build on a long-standing domestic relations mediation program and its first use of Settlement Week. The bench and bar provide strong support. Office space is available outside the courthouse with mediation space available in the courthouse.

    Staffing
    The court has a full-time mediation coordinator and will hire a support staff person.

    Other ADR Programming Experience
    Mediation has been offered for domestic relations, juvenile court, and municipal court matters.

For additional information contact:
Jacqueline.Hagerott@sc.ohio.gov