Mediation and Parenting Coordination in Ohio

When a court can order mediation

If parents in a divorce, dissolution, legal separation, annulment, or allocation proceeding do not agree on the allocation of parental rights and responsibilities or a specific parenting time schedule, the court may order them to mediate under mediation procedures the court adopts by local rule (R.C. 3109.052(A)). The court may also order a mediation report within a set time and order the parents to pay the cost, though on a motion and good cause it may waive the cost or assign it to one parent.

A court that elects to use mediation must adopt a local mediation rule that incorporates the Ohio Uniform Mediation Act in R.C. Chapter 2710 (Sup.R. 6.02(A)). Mediators who take domestic relations referrals must meet the qualifications and training in Sup.R. 6.04, and a mediator may not give legal advice (Sup.R. 6.03(C)).

Domestic violence safeguards

• If either parent has been convicted of or pleaded guilty to domestic violence under R.C. 2919.25 or another offense causing physical harm to a family or household member in the case, or has been found to be the perpetrator of the abuse behind an abused-child adjudication, the court may order mediation only if it determines mediation is in the parties’ best interests and makes specific written findings (R.C. 3109.052(A)).
• A court that uses mediation must prohibit it when domestic abuse or domestic violence is alleged, suspected, or present, unless screening is done before and during mediation, the person who may be a victim is told of the right to decline and to bring a support person, the parties can mediate without fear of coercion or control, and the other safeguards in Sup.R. 6.05(A)(1)(e) are in place.
• The local rule must prohibit mediation in domestic violence cases under R.C. 2919.25, 2919.26, 2919.27, and 3113.31, although it may still allow mediation in a later divorce or custody case (Sup.R. 6.02(A)(4)).

What the court learns from mediation

If the court orders a report, the mediator and each participating parent file it jointly. It may say only whether agreement was reached on any issue and, if so, the details of the agreement. It may not include background on the process or what was discussed (R.C. 3109.052(B)). The court considers the report but is not bound by it and decides based on the children’s best interest.

The mediator cannot be made a party or called to testify in a case about the mediation, the allocation of parental rights, or parenting time, other than in criminal, delinquency, and child abuse, neglect, or dependency proceedings, even if both parents consent (R.C. 3109.052(C)).

Parenting classes and counseling

Before it allocates parental rights and responsibilities, the court may require the parents, by rule or otherwise, to attend parenting classes or obtain counseling, and may require the children to attend with them. The parents pay the cost unless the court finds both indigent (R.C. 3109.053).

Parenting coordination

Some courts use parenting coordination, a child-focused process to help parents carry out an existing parental rights or parenting time order. It is not mediation, and communications in it are not confidential or privileged except as provided by law (Sup.R. 6.00(I), 6.41(B)). A court may order it for reasons such as ongoing disagreement about implementing an order or a history of unresolved conflict, but not to decide a change in residential parent or legal custodian, school placement under shared parenting, substantive changes in parenting time, or modification of child support, tax exemptions, or the division of uncovered medical expenses (Sup.R. 6.42).

Primary sources

Rules and forms change. Check the current version at the source before you file.

• R.C. 3109.052, mediation
• R.C. 3109.053, parenting classes and counseling
• Rules of Superintendence 6.00 to 6.06 and 6.40 to 6.46, mediation and parenting coordination