Standing Order

In The Franklin County Common Pleas Court
SETTLEMENT WEEK STANDING ORDER
S.O. §1.1 Authority. Pursuant to its inherent power to conduct Settlement Week, the Court hereby issues this standing order which applies to all Settlement Week conferences. Notice of the specific conference will be sent to counsel of record by the Court's computer system in the same manner as a trial notice. Such notices shall be official and shall be the only notice sent. Forms will be available on the Internet.

S.O. §1.1.1 Nomination. Cases nominated for Settlement Week shall be by agreement of all parties and counsel. Oral approval by opposing counsel is sufficient. Ex parte nominations will no longer be accepted. The justification for this requirement is to increase the likelihood of settlement at the conference and to reduce the number of conference cancellations caused by premature submission of cases for mediation.

S.O. §1.2 Preparation. Counsel shall be prepared to negotiate on each case noticed in a mutual, good faith effort to reach a fair and reasonable settlement. Counsel for any party asserting a claim (complaint or counterclaim) shall deliver to opposing counsel fourteen days prior to the mediation conference a concise statement, not more than two pages in length, of (1) the essential facts of the case, (2) all special damages currently claimed by the party seeking a recovery, and (3) the current settlement demand. Counsel for any party defending a claim shall deliver to opposing counsel seven days prior to the mediation conference a concise statement, not more than two pages in length, of (1) the essential facts of the case, (2) a statement of all defenses currently pursued, and (3) a written settlement offer. The Settlement Week Coordinator has the authority to waive this requirement only in exceptional circumstances. Delivery of these statements may be by mail, fax, e-mail, or hand delivery. Filing with the Clerk is not required. Counsel shall present copies of their statements to the volunteer mediator.

S.O. §1.3 Discovery. All necessary discovery shall be complete. Necessary discovery is defined as enough discovery to professionally evaluate the liability, causation, and damages aspects of the case, and make good faith demands and offers of settlement. Necessary discovery is not synonymous with full trial preparation. Lack of discovery and/or settlement authority is not a defense to the imposition of sanctions for failure to negotiate.

S.O. §1.4 Confidentiality. All settlement discussions shall be subject to Ohio Evidence Rule 408 and the statutory mediation privilege in R.C. §2317.023.

S.O. §1.5 Attendance. Clients, insurance company representatives, and corporate decision makers shall be physically present and in the conference room until the mediator decides to caucus. Telephone availability of a client or representative is permitted only when one of the recognized exceptions applies, and not for the ordinary conference. The only recognized exceptions to the attendance requirement are: (1) medical incapacity, (2) risk of losing a job if the party is absent from work, (3) non-residence in the State of Ohio, (4) an insurance company that has no office in Ohio and only one case in Settlement Week, and (5) an excused absence for demonstrated good cause, approved in advance by the Settlement Week Coordinator.

S.O. §1.6 Schedule Changes. As Settlement Week is a joint Bench-Bar effort, Counsel must share in the responsibility for proper scheduling. Counsel shall inform the Settlement Week Coordinator promptly of any pending motions, early settlements, or requested changes. Counsel requesting a schedule change or cancellation shall inform all opposing counsel by confirming letter, fax, or e-mail of any change approved by the Settlement Week Coordinator. Failure to timely advise opposing counsel will subject the offending attorney to sanctions if the other side appears at the original conference date and time.

S.O. §1.7 Follow Up. As follow up discussions are an integral part of the mediation process, the volunteer mediators are authorized to schedule additional conferences as required after Settlement Week. Such conferences may be held in the mediator's office or in a court facility as appropriate; however, the official case file shall not leave the court buildings. The volunteer mediators shall report the results of any follow up conference to the Settlement Week Coordinator and the bailiff to the Assigned Judge.

S.O. §1.8 Sanctions. Failure to prepare for, attend, or meaningfully participate in negotiations shall result in the imposition of sanctions, including but not limited to monetary penalties, assessment of costs, preclusion of evidence, dismissal, or default.
BY ORDER OF THE COURT
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Amended February, 2005 John P. Bessey, Administrative Judge

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