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Richland   County

Common   Pleas   Courts


County Administration Building   |   50 Park Avenue East Mansfield Ohio 44902

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Richland County Common Pleas Court, General Division Mediations are done in accordance with the Ohio Uniform Mediation Act and the provisions are herein incorporated by reference.

CIVIL MEDIATION:
Clients and insurance company representatives shall be present with full authority to negotiate settlement of this case.

Mediation communications are confidential to the full limits of Ohio Evid. Rule 408, and O.R.C. Chapter 2317 et seq.

EACH PARTY is required to prepare and deliver to the Mediation Department prior to the scheduled mediation date, a Confidential Mediation Statement not to exceed five (5) double-spaced, typewritten pages setting forth the following: (1) a statement of the essential facts of this case underlying the claims and defenses currently asserted by the parties; (2) a statement of all disputed procedural, substantive and evidentiary issues; and (3) a statement of the current status of settlement negotiations, including without limitation, the offers and the responses. to the mediation office via facsimile (419-774-5516) or regular mail. Lack of discovery or settlement authority will not excuse failure to negotiate. *

Failure to attend, prepare for, or meaningfully participate in negotiations at this mediation conference will result in the imposition of appropriate sanctions, potentially including but not limited to monetary penalties for costs and other parties’ expenses, prejudgment interest, dismissal and default. The minimum monetary penalty on a noncompliant party will be an award against that party and/or attorney of $100 expenses to each party who does comply and of $100 to the court.

No continuance of this mediation hearing will be granted, unless the moving party first files a written motion of continuance with good cause shown, no less than 2 weeks prior to mediation. The motion must convince the assigned judge of the necessity for the continuance and the movant finds a new date acceptable to the Court’s Mediation Department and all other parties in the case.

Please review the distribution list to insure that all interested parties in this matter have received notice. If not, please inform the court so any missing parties can be notified.


FORECLOSURE MEDIATION:
As set out in Loc. R. 2.02(A), “All parties and their attorneys are required to attend the mediation session and to meaningfully participate. A party who is not a natural person must send an agent or employee to the mediation who has actual authority to settle the dispute. Permission to participate in a mediation session by telephone will generally be granted only when justified by a showing of extraordinary circumstances, and must be obtained from the court in advance of the mediation session.”

Mediation communications are confidential to the full limits of Ohio Evid. Rule 408, and O.R.C. Chapter 2317 et seq.

The homeowner/borrower shall bring his or her individual action plan from the Consumer Credit Counseling session, in addition to the following: all documents relating to your debt with the plaintiff, including copies of your original loan documents, if available; most recent loan statement showing balance owed; record of your payments; information about any other liens on the property, including the name of the creditor, the date of the lien, and the amount owed; a list of your bills, including the name of the creditor, the total amount owed, the amount of the monthly payments, and the date of the last payment; proof of your income from all sources. If you expect a lump sum payment of money to assist you in working things out with the lender, you must bring proof of the amount of the payment you will receive, the source, and the date the payment is expected to arrive. PARTIES TO HAVE COMPLETED AND EXCHANGED ALL FINANCIAL INFO ONE WEEK PRIOR TO MEDIATION.

Failure to attend, or meaningfully participate in mediation will result in the imposition of appropriate sanctions. Plaintiff’s failure may be treated as a failure to prosecute the case. Defendant’s failure may be treated as a waiver of the mortgage conciliation program and a failure to make a good faith effort to settle the case. In addition, the failure of either party may result in a sanction to pay for the mediator’s wasted time and for the complying parties’ attorney fees for the mediation.

No continuance of this mediation hearing will be granted, unless the moving party first files a written motion of continuance with good cause shown, no less than 2 weeks prior to mediation. The motion must convince the assigned judge of the necessity for the continuance and the movant must find a new date acceptable to the Court’s Mediation Department and all other parties in the case.

Please review the distribution list to insure that all interested parties in this matter have received notice. If not, please inform the court so any missing parties can be notified.


COMMENTS AND COMPLAINTS:
Comments and complaints regarding the performance of the mediator shall be submitted in writing to the court administrator who will provide a copy of comments and complaints to the mediator who is the subject of the complaint or comment. The court administrator will also forward any comments and complaints to the administrative judge of the court for consideration and appropriate action. Dispositions by the court shall be made promptly. The court shall maintain a written record in the mediator’s file regarding the nature and disposition of any comment or complaint and shall notify the person making the comment or complaint and the mediator of the disposition.