Mediation Section Events

Mediation in Action
(April 25, 2005)

Students from the OSU Moritz College of Law and Capital University Law School recently have been given the rare opportunity to witness Supreme Court activities usually kept strictly confidential.

Since early January, 11 students have observed the mediation of six different workers' compensation, tax appeal and public records cases.

The students are often involved with their school's mediation program or have taken mediation classes. They have a chance to talk to the attorneys to clarify questions before each Supreme Court mediation session.

Amy Smith, a third-year law student at Capital, said "being able to observe an Ohio Supreme Court mediation was an excellent experience. Due to the fact that I am fairly new to the field of mediation, it was very helpful to observe (Mediation Counsel Bill Zapp's) style of mediation."

"It was helpful to observe how he overcame the barriers to communication and settlement, as this is often what causes a mediation to be unsuccessful. The observation was very helpful in my journey to find my own mediation style."

The students are sworn to confidentiality and both the attorneys and their clients must give permission for the students to be in the room.

Mediation Program a Success
(June 7, 2004)

The close of the fiscal year can bring with it budget disputes, and a number of counties with budgetary dustups are looking to the Supreme Court for help with a resolution. Not all of the appeals accepted for review will be decided by the justices — some will be resolved with the help of the Case Mediation Section in the Office of Legal Resources.

Chief Justice Thomas Moyer is a well-known proponent of alternative dispute resolution, and the Supreme Court has been mediating cases since 1998.

"Mediation promotes efficiency and encourages active participation by all parties in resolving disputes," said Chief Justice Moyer. "It also builds confidence in the judiciary and fosters civility among attorneys and parties in a dispute."

Mediation allows parties to meet and resolve their differences on their own terms, rather than by arguing a case in court "and trying to fit their case into current statutes and case law, which sometimes can be like trying to fit a square peg in a round hole," said Mediation Counsel Bill Zapp.

Cases appropriate for mediation include extraordinary writs, tax appeals, public records requests, and direct appeals. The direct appeals include workers' compensation cases, which make up much of the mediation docket. Generally, 60 percent of mediated Supreme Court cases are successfully settled.