Settlement Week FAQ

What is Settlement Week?
Settlement Week is a joint effort by the Common Pleas Court and the Columbus Bar Association to settle pending cases through mediation. Each year in June and December, the Court drastically reduces its docket of contested trials and hearings, and schedules hundreds of cases for mediation conferences with trained volunteers from the Bar Association. In addition, the Court has two Fridays, one in March and one in September, for extra mediation of workers compensation cases. What is mediation?
Mediation is a process of guided negotiations. A neutral individual, called a mediator, works with the disputing parties and their attorneys in a discussion of a pending case in an effort to resolve it by mutual agreement. The mediator has no authority to make a decision. The mediator serves as a discussion leader to help the participants negotiate more efficiently, and, hopefully, reach an agreement sooner than they could on their own.

What kinds of cases go into Settlement Week?
Any pending civil case is eligible for Settlement Week. The most common cases in Settlement Week are personal injury, workers compensation, business, malpractice, employment, and product liability. The Court generally does not put foreclosure cases or administrative appeals in Settlement Week.

How are cases selected for Settlement Week?
Cases can be picked for Settlement Week by any attorney appearing in the case, or by the Court. Because the attorneys are familiar with their clients’ states of mind and current settlement positions, they are in a good position to choose cases that are appropriate and ripe for mediation. Attorneys may nominate their cases without prior consultation with opposing counsel. However, the Court generally encourages attorneys to try to select cases with the agreement of the other side in order to foster better discovery and preparation for mediation. The Settlement Week Coordinator then reviews the nominations to make sure the cases are ready for mediation. The Coordinator also schedules the cases and assigns the volunteers to the mediations. Cases may be nominated using the Nomination Form.

Who are the mediators in Settlement Week?
The volunteer attorney mediators are members of the Columbus Bar Association who donate their professional time as neutral mediators. Good mediators have good interpersonal skills, are perceived as being neutral, diplomatic, patient, and willing to employ new approaches in case resolution. The Court tries to match business attorneys with business cases and personal injury attorneys to personal injury cases, so that the mediators know the legal subject matter as well as mediation skills. In general, routine or small cases are assigned to less experienced mediators while bigger, more complex, or more difficult cases are assigned to more experienced practitioners. As there is no age limitation or minimum practice requirement, any attorney may volunteer to be a mediator by submitting a Volunteer Form to the Court.

How long do Settlement Week Mediation conferences last?
One-hour mediation sessions are generally scheduled, although larger cases may take longer. The mediators are encouraged to keep talks going past the scheduled time if progress is being made, and a substitute mediator handles the next scheduled case.

Is there a Local Rule governing Settlement Week?
No. Each Settlement Week is controlled by a Standing Order issued by the Court for that particular event. The Standing Order sets out the requirements for discovery, preparation, pre-conference statements, attendance, participation, and other matters. Please read the Standing Order for each Settlement Week as the requirements are subject to change. One of the most important parts of the Standing Order is the requirement that counsel exchange pre-conference position papers. Counsel may be guided by the sample Plaintiff’s Statement or the sample Defendant’s Statement. Exchange of the pre-conference position papers fourteen and seven days before the conference is an essential part of having everyone prepared for mediation. The position papers are to be exchanged but not filed.

Do I need to file a motion to change a scheduled Settlement Week conference date or time?
No. All changes to the Settlement Week calendar, after the initial notices go out from the Clerk’s office, are made by the Settlement Week Coordinator. A phone call or letter to the Coordinator with case name and number and the attorneys names setting out the schedule problem is sufficient to get a change. Under the Standing Order, all changes must be confirmed by letter or fax from the side requesting the change to all other counsel.

Is Settlement Week successful in resolving cases?
Yes. Historically, the Franklin County Common Pleas Court has settled between 42% and 45% of the cases mediated in Settlement Week. Other counties in Ohio have had settlement rates around 50%. Even the cases that do not settle benefit from the candid discussions and the exchange of information. Cases may be settled later through subsequent negotiations, additional mediation, or referral to another alternative dispute resolution process.

Does Settlement Week affect the cost of litigation?
Yes. While there are no specific statistics available, cases that settle earlier generally cost the parties less in attorneys’ fees and expenses for experts, depositions, etc. and with less delay. While each party is responsible for paying their attorney for representing them in mediation, there is no extra charge or fee for the volunteer mediator’s services.

How has Settlement Week developed?
Settlement Week began as it currently exists in Columbus, Ohio in April 1986 through the efforts of the Franklin County Common Pleas Court and the Columbus Bar Association. Since then, it has spread to 16 counties in Ohio and to many other states including Indiana, Texas, Montana, Rhode Island, Delaware, New Mexico, New York, and South Carolina, as well as to various Federal Courts.

Who should I contact for additional information about Settlement Week?
The Settlement Week Coordinator for the Common Pleas Court is Patti Harrison, (614) 462-5326. E-Mail: patti_harrison@fccourts.org, or write-Patti Harrison, 369 South High Street, Fourth Floor, Columbus, Ohio, 43215

Standing Order
Sample Defendant Statement
Sample Plaintiff Statement
Case Nomination Form
Volunteer Mediator Form
FAQ