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Why Mediation?        Mediation Not Litigation          Selection of Cases

Norton B. Roberts, Director & Mediator.......(513)946-5470

John J. Cruze, Mediator....................................(513)946-5470

Random Williams, Mediator............................(513)946-5470

Connie Jarrett, ADR Secretary........  ..............(513)946-5470

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Mediator's responsibilities

It is the mediator's responsibility to facilitate discussions and communications between the parties.  The goal is to help the parties reach an equitable settlement of their differences.

The mediator will have joint sessions with the parties as well as individual caucuses to gain insight into the issues of both parties.  The mediator is in charge of the process, keeping it on track and within the guidelines.  The parties are in charge of the outcome.

The mediator is neither judge nor jury and will not make final decisions.

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Parties' Responsibilities

It is the responsibility of the parties to approach the mediation process in good faith with a willingness to resolve the issues.  Each party must be prepared to rationally discuss the issues and to work toward a resolution to the dispute.  It is the goal of the negotiating parties themselves to arrive at a win-win resolution.

Less Time Consuming

Mediation is much faster than a judicial litigation process.  Because mediation does not involve discovery, witnesses, motions, or evidence, the process can move along very quickly and result in efficient and prompt resolutions.

A mediation session is normally scheduled for 3 hours.  Most cases resolve with only one session.  These sessions are scheduled at the convenience of the parties and the mediator.

Less Expensive

The Common Pleas Mediation Service is provided at no cost to the parties.  Parties will, of course, have their attorney's fees, but they would typically be lower than in litigation.

Parties may choose whether or not to be represented by counsel.  If counsel is retained, it is not required that he/she be present during the mediation sessions.  This decision is entirely between the party and the attorney.

Less Confrontational

Because mediation is conducted in an informal setting, the atmosphere is less confrontational than a litigated case.  The mediator facilitates open, conciliatory communication between parties and helps parties realistically assess alternatives.  Mediation can help parties out of "stuck" positions, thus improving chances for settlement.

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Mediation not Litigation

Confidential

The sessions of a mediation process are completely confidential.  Ohio Revised Code Section 2317.023 specifically states, "(B)A mediation communication is confidential."  Unlike litigation, mediation is a non-judicial form of dispute resolution; therefore, the information obtained and the results of the process are not a matter of public record.

Continued Relationships

Mediation helps enhance the likelihood of continuing, a relationship between the parties.  In business, employment, or family disputes, a continued, long-term relationship may be desirable.

Results

Mediation allows any legal resolution to which the parties agree.  In a litigated case, the law limits the solutions that a judge or jury can impose.  The flexibility of mediation is of unquestionable value to all those involved.  If a resolution is not reached during the mediation sessions, the case will proceed to trial.

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Selection of Cases for Mediation

Cases are referred to mediation by the court.  In addition, the parties may specifically request that their cases be taken through the mediation process.  Feel free to contact the Common Pleas Mediation Service to discuss what makes a case appropriate for mediation.

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