Court Requests Public Comment to Create Alternative Dispute Resolution in Probate Courts

On July 16, 2018, Anne Yeager of the Ohio Supreme Court reported that the Court asks for public comments on a proposed amendment that would create alternative dispute resolution (ADR) as an option in settling family matters within the state’s probate courts. 

Currently, there is no rule governing elder-caring coordination. As a result, adult siblings have problems making decisions on behalf of aging parents, which can result in heated legal battles. 

Under proposed Rule 79 of the Rules of Superintendence for the Courts of Ohio, courts would have discretion to use ADR in disputes in which high conflict family dynamics interfere with the well-being and safety of the elder, limit adherence to court orders, impede court processes and detract from the efficacy of guardianship and other appointments by the court. 

Dispute resolution options in probate court are anticipated to become even more relevant since the number of baby boomers reaching 65 years of age will double from 2008 to 2030. 

Under proposed Rules 16-16.36 of the Rules of Superintendence for the Courts of Ohio, provisions will be updated or added to include: 

• Responsibilities of mediators; 

• Responsibilities of courts; 

• Pre-referral education and training; 

• Complaint process; and 

• Core values for mediation. 

The text of the proposed rule may be accessed at www.supremecourt.ohio.gov. 

The proposed rules will also add a requirement that local rules governing mediation must incorporate Ohio’s Uniform Mediation Act, identify the cases eligible for mediation and address confidentiality. \