Dispute Resolution Section

The Dispute Resolution Section provides consulting, training and limited funding support to new and existing court-connected mediation programs. Mediation programs are located in both trial and appellate courts. The section does not provide any direct mediation services.

Mediation is a voluntary process in which a third party neutral, the mediator, assists the parties to a dispute in crafting a resolution that is acceptable to both sides.

Arbitration is a voluntary process in which a third party neutral, the arbitrator, hears the facts of the case and renders a decision that may be binding upon the parties. Parties may agree to arbitration in a contract or after the dispute arises. Court-ordered arbitration in Ohio is mandatory and non-binding. Arbitration is less formal than a court or jury trial.

In mediation, the parties control the outcome or agreement. In arbitration, the arbitrator will make a decision based on the evidence presented. Mediation agreements may be broad while arbitration decisions are limited to the facts presented in the arbitration hearing.

Neither the State of Ohio nor the Supreme Court of Ohio licenses or certifies mediators. The Supreme Court of Ohio Advisory Committee on Dispute Resolution has advised against certification and licensure because mediation research shows that there is no particular training or educational credential that ensures a good mediator. The Committee supports the use of a variety of approaches, such as training and mentoring, to ensure that mediators are highly skilled.

The Supreme Court of Ohio has established specific guidelines for qualifications for family court mediators. See Rule 16 of the Rules of Superintendence for Ohio Courts at www.supremecourt.ohio.gov/docs/LegalResources/Rules/superintendence/Superintendence.pdf#Rule16. Courts may set additional qualifications for mediators in their local court rules.

The Dispute Resolution Section does certify 40-hour advanced family mediation training that is required under Rule 16 of the Rules of Superintendence for Ohio Courts. Certification of a Training Program does not allow individuals trained in that program to identify themselves as “Supreme Court certified mediators.” Please note that Rule 16 certification does not provide Continuing Legal Education (CLE) credit. Forms for obtaining CLE approval are available at https://www.supremecourt.ohio.gov/attorneys/cle/.

Training information may be available from national dispute resolution organizations, such as the American Bar Association, the Association for Conflict Resolution (ACR), the Association of Family and Conciliation Courts, and Mediate.com.

Currently, the number of jobs available in mediation appears to be disproportionate to the number of practitioners and the high level of interest in those positions. The typical way to get a job is to obtain basic mediation training and begin practice in a community center, court program or other agency that offers mediation. These initial positions may be as volunteers or contract mediators.

Rule 16 of the Rules of Superintendence for Ohio Courts sets forth some basic requirements for family mediators that are applicable to many kinds of mediation. Specifically, it requires that mediators who mediate allocation of parenting responsibilities have:

a bachelor's degree or equivalent education,
two years of professional experience with families, and
Completion of a basic 12-hour mediation course (or equivalent mediation experience) followed by a 40-hour, specialized family or divorce mediation training. The Supreme Court of Ohio must certify the 40-hour course.
Local courts may require observation of and mentoring with experienced mediators, continuing education for mediators and that those mediators maintain malpractice insurance coverage.

National standards of practice for mediators and ethical guidelines can be found at the following Web sites:

Model Standards of Conduct for Mediators: www.abanet.org/dispute/home.html

Model Standards of Practice for Family Mediators:
www.afccnet.org

Mediation is available for selected Supreme Court cases. For more information about the Mediation Section, call 614.387.9355.

There are several books available; Mediation Career Guide and Becoming a Mediator are two. These books detail the elements of developing a private mediation practice. Books can be found online at various Web sites of major book retailers.

There are a number of resources that may be accessed to gain insight into the field of mediation and begin the networking process: Association of Conflict Resolution (ACR) http://www.acrnet.org and American Bar Association Section on Dispute Resolution (ABA) http://www.abanet.org/dispute/home.html. In Ohio: Mediation Association of Northeast Ohio http://www.manomediate.org; Mediation Information and Resource Center (MIRC) http://www.mediate.com; Community Mediation Services of Central Ohio (CMS) https://communitymediation.com/; Ohio Mediation Association (OMA) http://www.mediateohio.org; Ohio Minority Professionals in ADR, contact: Christy Walker 614.462.6147.

Training materials and training programs are offered regularly for court staff and by special arrangement for individual courts and organizations. Unfortunately, we cannot provide training for the general public. To inquire about training for court-connected mediators, contact the Dispute Resolution Section.

You may select a mediator based on a variety of factors—training, experience, cost, location, subject matter or process expertise. Directories of mediators are available from the following:

Ohio State Bar Association Directory of Dispute Resolution Providers at http://www.ohiobar.org/pub/?articleid=74
Ohio Mediation Association at http://www.mediateohio.org
Ohio Minority Professionals in ADR at 614.462.6147
Local courts and bar associations may also maintain directories or rosters of mediators.