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Negotiation and Mediation Skills are Life Skills

Negotiation and Mediation Skills are Life Skills

Discourage litigation. Persuade your neighbors to compromise whenever they can. Point out to them how the nominal winner is often a real loser – in fees, expenses and waste of time.” Abraham Lincoln, July 1, 1850

The Center for Dispute Resolution at Capital University Law School (http://law.capital.edu/DisputeResolution/) can help you enhance your negotiation, mediation and conflict resolution skills.

parent coordination

Parent Coordination

A number of Ohio courts are currently using parenting coordination. However, since no state-wide rules or standards currently govern parenting coordination, its use can differ from court-to-court. As a result of the lack of uniform standards, the Supreme Court’s Dispute Resolution Section and its former Advisory Committee on Dispute Resolution have developed the new Parenting Coordination Rules of Superintendence for the Courts of Ohio, effective April 1, 2014. These rules will ensure that parties are best served by courts developing high-quality programs; appointing qualified professionals; and complying with nationally recognized guidelines published by the Association of Family and Conciliation Courts (AFCC).

 

PARENTING COORDINATION DEFINITION:

 

Sup. R. 90 defines parenting coordination as “a child-focused dispute resolution process…to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making.”

Sup. R. 90(C) defines parenting coordination as “a child-focused dispute resolution process…to assist parties in implementing a parental rights and responsibilities or companionship time order using assessment, education, case management, conflict management, coaching, or decision-making.”

 

The rules provide parenting coordinators with standards regarding authority, qualifications, and responsibilities. There are also provisions for the confidentiality, privilege, and public access to parenting coordinator files. Courts may create by local rule requirements above and beyond those prescribed in the Rules of Superintendence.

 

Although parenting coordinators are required to have extensive mediation training, apply mediation skills and have decision-making authority, they are not mediators or arbitrators under the rules. Therefore, mediation and arbitration rules and statutes do not apply. A parenting coordinator’s decision-making authority is prescribed in the appointment order. Mediators may serve as the parenting coordinator for the same case, provided there is written consent by the parties and approval by the court to ensure the parties understand the role change. This deviation from the AFCC national guidelines meets the needs of rural counties that may have limited qualified dispute resolution professionals.

 

Due to the nature of cases appropriate for parenting coordination, it is imperative for parenting coordinators to have specific education, experience, and training to effectively assist parties. The training requirements mirror those of a family court mediator with an additional twelve hours of specialized training in parenting coordination.

 

Source: Excerpts taken from The Supreme Court of Ohio’s Parenting Coordination Toolkit, https://www.supremecourt.ohio.gov/JCS/disputeResolution/resources/parentingCoord/toolkit.pdf

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Changes in Ohio law regarding eligibility to expunge or seal a record

ADVERTISING MATERIAL

The attorneys at Artz, Dewhirst & Wheeler, LLP strive to provide updates on recent changes in Ohio law.  Although this information may not be helpful to you personally, it may be helpful information for you to share with someone you know.  The consequences of a criminal charge or conviction on one’s record may impact current or future employment, school or education, as well as other opportunities.  It may be possible to have these records sealed – commonly referred to as an expungement.  The application process to expunge the records of a conviction in Ohio has three primary steps.  The individual must be an “eligible offender” as defined by Ohio law, the required period of time must have passed and a judge must approve the individual’s application. A hearing may or may not be required.

In 2012 Ohio legislators changed the definition of “eligible offender.”   Under the old law, expungements were only available to first time offenders, so an individual with a prior criminal or serious traffic offense conviction was not eligible to apply for an expungement.  Under the new law, although the waiting periods remain the same, many more people are eligible for an expungement, and a person may be eligible to apply even if a prior conviction exists.  However, certain types of convictions, such as OVIs, can never be expunged.

The waiting period to file an expungement application is one year after a misdemeanor case has been closed and three years after a felony case has been closed.  A case is not considered “closed” until probation has been completed and all fines have been paid.  However, an individual may apply to expunge dismissals or not guilty verdicts without a waiting period.

The expungement process in Ohio requires a relatively small investment for a potentially significant benefit.  If you wish to know more about expungements, please contact the law firm of Artz, Dewhirst & Wheeler, LLP.