LibGuides: Alternative Dispute Resolution Research: Ohio Laws

Ohio Court Rules

Ohio Rules of Professional Conduct

Professional Conduct rules specifically pertaining to alternative dispute resolution:

RULE 1.12: FORMER JUDGE, ARBITRATOR, MEDIATOR, OR OTHER THIRD-PARTY NEUTRAL
RULE 2.4: LAWYER SERVING AS ARBITRATOR, MEDIATOR, OR THIRD-PARTY NEUTRAL
Ohio Supreme Court Rules of Practice 19.01 & 19.02
The Supreme Court may, sua sponte or on motion by a party, refer to its mediator
mediation any case that originated in the court of appeals, any appeal from an administrative agency, any original action, or, pursuant to S.Ct.Prac.R. 4.02 any civil case that the Supreme Court deems appropriate.
Rule of Superintendence 15
The judges of general divisions of courts of common pleas, of municipal courts, or of county courts shall consider, and may adopt, a plan for the mandatory arbitration of civil cases.
Rule of Superintendence 16
A division of the court of common pleas, municipal court, and county court shall consider, and may adopt, a local rule providing for mediation.
Rules of Superintendence 16.01-16.14
Creation and duties of the Supreme Court Commission on Dispute Resolution.
Rule of Superintindence 49.01
A commercial docket judge may refer a commercial docket case to any available dispute resolution process.
Rule of Superintendence Appendix F
Model Standards of Practice for Family and Divorce Mediation
(adopted by the American Bar Association, Association of Family and Conciliation Courts and the Association for Conflict Resolution) modified to reference express provisions of Ohio law.
Rule of Superintence Appendix G
Special Policy Considerations for State Regulation of Family Mediators and Court Affiliated Programs
Rule of Evidence 1.01
Evidence rules do not apply in arbitration.
Civil Procedure Rule 8
Arbitration and award can be pleaded as an affirmative defense.

Constitutional Authority

Oh. Constitution Art.4, Sec.19
The General Assembly may establish courts of conciliation, and prescribe their powers and duties; but such courts shall not render final judgment in any case, except upon submission, by the parties, of the matter in dispute, and their agreement to abide such judgment.

Ohio Revised Code

Chapter 2710
Uniform Mediation Act
Chapter 2711 - Arbitration
Provides that arbitration agreements are enforceable, with the exception of some real estate actions. This chapter provides the methods for enforcing an arbitration agreement.
Sec. 2335.02 - Compensation of Arbitrators
In any cause, matter, or proceeding arising in any court of record, where arbitrators are appointed by such court to make an appraisement or valuation of any property, such arbitrators shall receive, on application to such court, such compensation as the court deems reasonable and proper.
Sec. 1907.262 - Common Pleas Court ADR
A county court may establish by rule procedures for the resolution of disputes between parties. Any procedures so adopted shall include, but are not limited to, mediation.
Sec. 2101.163 Dispute resolution procedures in probate court.
Sec.1901.262 - Municipal Court ADR
A municipal court may establish by rule procedures for the resolution of disputes between parties. Any procedures so adopted shall include, but are not limited to, mediation.
Chapter 2712 - International Commercial Arbitration
This chapter applies instead chapter 2711 when another country is involved.
Sec. 1311.89 - Broker's Lien on Commercial Realty
If the broker and owner agree to alternative dispute resolution (ADR), the claim shall be heard and resolved in the agreed upon ADR forum. The court shall retain jurisdiction to enter and enforce the award or other result of ADR on all interested parties to the foreclosure.
Sec. 2323.06
In an action for the foreclosure of a mortgage, the court may at any stage in the action require the mortgagor and the mortgagee to participate in mediation as the court considers appropriate and may include a stipulation that requires the mortgagor and the mortgagee to appear at the mediation in person.
Oh. Rev. Code Sec. 3109.052
Mediation of differences as to allocating parental rights and responsibilities in child custody actions.
Chapter 3117 - CONCILIATION OF MARITAL CONTROVERSIES
Chapter 3117: of the Revised Code is applicable only in counties in which the court of common pleas determines that social conditions and the number of domestic relations cases in the county render the conciliation procedures provided necessary to proper consideration of such cases or to effectuate conciliation of marital controversies