Mediation in Ohio

When Ohio courts order mediation

R.C. 3109.052(A) gives a court discretion to order parents into mediation over parental rights, responsibilities, or parenting time when they cannot agree. The court follows mediation procedures it sets by local rule. Because standards are set locally, the process can differ somewhat between Ohio counties, from intake to scheduling.

Local mediation rules must set minimum mediator qualifications and standards for how mediation is conducted. Every Ohio county's program must meet that statutory floor, even as details vary.

Domestic violence and abuse screening

Before ordering mediation, R.C. 3109.052(A) requires the court to consider three things: whether either parent has been convicted of or pleaded guilty to domestic violence under R.C. 2919.25 involving a household member, whether either parent has another conviction for an offense that caused physical harm to a household member, and whether either parent has been found to be the perpetrator of an abusive act underlying a child abuse adjudication.

If any of those apply, the court can still order mediation. But it can only do so after finding mediation is in the best interests of the parties, and after putting specific written findings of fact in the record to support that decision. This sets a higher bar for ordering mediation in cases with a documented history of family violence or abuse. It is not a flat ban.

Cost of court-ordered mediation

When a court orders mediation under R.C. 3109.052, it can also order the parents to pay for it and to file a mediation report within a set time. A parent can move to waive the cost requirement. For good cause, the court can waive one or both parents' payment obligation, or require just one parent to cover the full cost.

What the mediator can and cannot report

If the court's mediation order requires a report, R.C. 3109.052(B) limits what it can say. The report can state only whether the parents reached agreement on the issues mediated and, if so, what that agreement contains. It cannot include background information about the mediation process or anything discussed during it. The court considers the report when deciding parental rights and parenting time under R.C. 3109.04 and 3109.051. But the court is not bound by it and must still base its decision on the child's best interest.

Under R.C. 3109.052(C), the mediator cannot be made a party to a later case about the mediation process, what was discussed, or the resulting parenting decisions. The mediator also cannot be called as a witness or made to testify in that case, except in a criminal, delinquency, child abuse, child neglect, or dependent child proceeding. This protection holds even if both parents agree to waive it.

The Uniform Mediation Act's confidentiality protections

Ohio Revised Code Chapter 2710 is the state's version of the Uniform Mediation Act. It governs the general privilege that applies to mediation communications. Under R.C. 2710.03, a mediation communication is privileged. It is not subject to discovery or admissible as evidence in a later proceeding, unless a party waives that privilege or a statutory exception applies. This chapter-wide privilege operates alongside the specific protections in R.C. 3109.052 for parental rights mediation. Ohio ends up with two overlapping layers of confidentiality for family mediation communications.