Introduction
Dear Reader:
Inevitably, conflicts arise in our interactions with people in our families, neighborhoods, communities, and businesses. Dealing with conflict can be difficult and frustrating. However, there are resources available in many Ohio communities that can help people resolve conflicts safely, effectively, and affordably. This directory is designed to assist Ohioans in finding dispute resolution and conflict management programs and services located in or near their communities. The Ohio Commission on Dispute Resolution and Conflict Management (the Commission) and the Supreme Court of Ohio (the Supreme Court) encourage you to explore dispute resolution and conflict management opportunities and to take advantage of the resources in your community.
Dispute resolution and conflict management programs offer a wide variety of services including mediation, conciliation, facilitation, conflict evaluation, and arbitration. The use of these processes is growing in Ohio and elsewhere because their benefits include:
Empowerment. People participate in resolving their own problems and designing their own solutions. They maintain control over their situation.
Education. People learn to communicate more effectively to resolve issues.
Efficiency. Issues can be addressed soon after the dispute arises and before people become entrenched in their position.
Affordability. Services are often provided at minimal or no cost.
Problem-solving. Dispute resolution processes focus on interests and needs rather than positions. The parties are encouraged to explore and address the underlying issues of the conflict.
Preservation of relationships. Dispute resolution and conflict management processes provide people with an opportunity to better understand each otherand work together cooperatively.
The programs listed in this directory are not-for-profit programs that are associated with community organizations, government agencies, and courts. Each program provides at least one of the variety of services described on the following pages.
Inclusion of programs and services in this directory does not imply a specific endorsement or recommendation, and non-inclusion of a program does not imply any negative judgment by the Commission or the Supreme Court. Not-for-profit programs and services across the state were invited to be listed. Those who responded are included.
The programs are listed by county and alphabetically. In addition, a map of Ohio is included to assist those Ohioans who do not yet have services within their county to find services in nearby counties. To assist us in keeping this directory complete and current, please use the form in the back of this edition to send corrections and additions to the information we have provided.
II. How to Select and Use Dispute Resolution and Conflict Management Programs
This section will help people unfamiliar with not-for-profit dispute resolution and conflict management programs to understand:
· the kinds of services commonly provided by these programs;
· the types of disputes commonly handled by these programs;
· how these programs help people with disputes;
· what to expect in a dispute resolution process;
· how to decide which not-for-profit or private provider will best meet your needs.
- The Spectrum of Dispute Resolution and Conflict Management Services
The options available for resolving disputes and more effectively dealing with conflict are numerous. Yet, when we are involved in a dispute or embroiled in conflict, many of us either avoid the problem or resort to combative tactics. We frequently look to an authority to choose a "winner" and a "loser" when, in many cases, by working cooperatively with the other person to design a solution, we could both be winners.
Although conflict is inevitable, the way we deal with conflict does not need to be a negative experience. By approaching conflict as an opportunity to gain new insights and explore ways to work creatively and cooperatively with other people, we can effectively manage our reaction to conflict and be a part of the solution to difficult situations.
When disputes occur, we have three basic options. (1) We can work with the other person(s) directly to come to a resolution (negotiation or conciliation). (2) We can request the assistance of an impartial third person to work through the problem (mediation or facilitation). (3) We can involve an impartial third person with authority to decide the matter for us (arbitration or adjudication). Each of these options is appropriate at different times. However, generally, it is best to try them in the order listed above.
In addition to mediation and facilitation, not-for-profit dispute resolution and conflict management programs offer a variety of other services that assist people in better understanding conflict, their reactions to it, and better ways to approach it.
B. Types of Disputes as Listed in Directory
The most common types of disputes handled by not-for-profit programs arise within families, among friends, within neighborhoods or communities, and between consumers and business people. These disputes are frequently resolved through conciliation or mediation, allowing people in conflict to avoid or reduce their involvement with law enforcement or the judicial system.
The following categories are used in the directory listing to help you select an appropriate program:
Friendand Family:
Disputes about personal relationships such as those between spouses, parents, family members, roommates, and friends.
Neighbor: Disputes about noise, pets, parking, property maintenance or damage.
Minor: Disputes arising from claims of menacing or harassment, assault, theft,
Criminal: trespass, disorderly conduct and other misdemeanors.
Juvenile: Disputes concerning truancy, curfew violation or other home discipline difficulty, runaway youth, assault, theft, or criminal damaging and other delinquent or unruly behavior.
Housing: Disputes between tenants and property owners over matters such as repairs and maintenance, non-payment of rent, and damage/security deposits.
Commercial: Disputes between a consumer and a business concerning work performed, payment, misrepresentation, utility service and payment, or money due on accounts. Also disputes between businesses concerning such matters ascollecting money due or complaints about faulty products.
Injury Personal: Disputes arising out of automobile and other accidents.
Community: Disputes involving many people or groups, such as conflicts within a religious or civic organization, between neighborhood groups, or concerning local policy issues such as zoning, traffic and public safety concerns, siting controversies or police-community concerns.
Victim/Offender: Crime victims and offenders meet in the presence of a trained mediator in an effort to negotiate a mutually acceptable restitution plan for compensating the victim.
- How Dispute Resolution and Conflict Management Programs Can Help You
Conflict management and dispute resolution programs teach individuals concepts and skills for preventing, managing, and peacefully resolving conflicts. Programs sponsored by not-for-profit groups and local government entities often offer assistance in resolving disputes without involving law enforcement or the formal court processes. A mediation or conciliation process is usually voluntary, informal, and private, and gives people in conflict significant flexibility to come up with their own acceptable solution.
Most programs sponsored by community organizations or local government agencies can be used either before or after law enforcement has intervened or court actions have occurred. It is usually best to use a dispute resolution process such as mediation as early as possible, before the dispute festers and the parties have become entrenched in their positions.
Dispute resolution programs connected to the court system offer their services at the pre-filing and/or post-filing stage of legal proceedings. Pre-filing means that no formal documents have been filed with the court. Many county, municipal and small claims courts and prosecutors’ offices offer mediation at the pre-filing stage. In addition, juvenile courts are adding pre-filing mediation of truancy, delinquency and other first-time, less serious offenses to their efforts to divert court action and prevent creating records for young offenders.
After a charge has formally been filed with a court (a filing fee is paid and a court record is created for the case), mediation, arbitration and other dispute resolution methods can still be used to allow parties a greater opportunity to participate in the resolution of their case and to move the case more quickly through the judicial process. Many municipal, domestic relations, juvenile and common pleas courts include dispute resolution options at the post-filing stage.
For consumer-business problems, many Better Business Bureau (BBB) offices in Ohio offer arbitration and/or mediation services when a consumer complaint is made against one of its members. Sometimes a resolution is as simple as an apology or a replacement part. If the business is not a member of the BBB, the Ohio Attorney General’s office may in appropriate cases, intercede on behalf of a consumer (for details, see page 9).
- What to Expect from a Dispute Resolution Process
Although dispute resolution processes may vary, some principles are generally true no matter what kind of conflict is involved. The following questions and answers should help you to understand how the processes work.
What are the mediator or arbitrator’s responsibilities
A mediator or arbitrator has a duty to act as an impartial third party. Ideally, this third party should have no previous relationship with anyone involved in the dispute. If the third party has a past business or personal relationship with any party to the mediation, concerns of impartiality arise. The mediator should describe the relationship before the dispute resolution session begins. If there is concern that the third party might be biased, another third party should be used.
Third parties have different styles. Third party mediators/neutrals may raise new ideas and make suggestions for a possible settlement. Others may withhold their opinions even when asked for suggestions by the disputants. Some third parties may want to use caucuses (private meetings with each party separately) as part of the process.
The specific steps in the dispute resolution process you are going to use should be explained to you in advance, or at the beginning of the meeting, by the third party neutral. It is important to remember that these processes are flexible. They can be modified or combined to meet the needs arising from your particular problem.
What are the disputants’ responsibilities
As a participant in the dispute resolution process, you have the responsibility to share your concerns and interests fully and to work toward a solution in good faith. You should always feel free to ask questions. If there are special language or cultural needs, or limits on your time, raise these concerns with the third party neutral. For example, you might ask if there is a time limit for the dispute resolution session, and if a second session could be scheduled if needed. Before you begin, make sure you understand the costs of service, and if there are payment options available.
If there has been violence or intimidation, or if an abusive relationship exists, you can and should raise these matters so that you feel safe and can participate fully. Most dispute resolution programs have a screening procedure to determine whether a case is suitable. You can speak in private with the coordinator of the program to see if your situation is appropriate for dispute resolution or some other kind of assistance.
Will there be a report about the dispute resolution process
If an agreement is reached through a dispute resolution process, the third party neutral will often prepare a written agreement, review it with the parties, and have the parties sign the agreement. If the parties wish, they or their attorneys can then have the agreement filed with the appropriate court. Any settlement reached through a dispute resolution process should be voluntary. Communications that occur within the course of mediation are to remain confidential with very few exceptions. (Communication about criminal acts, for example, is subject to disclosure.) If an agreement is not reached during the course of mediation, the mediator generally only reports that there was no agreement and does not provide any other information or impressions to the court or other authorities. The agreement itself is usually not confidential.
What do you do if there is no agreement or agreement on only some issues in the dispute
If mediation does not resolve all of the issues, you may pursue other options to settle the dispute.
What should you do if the dispute resolution process you attempt seems inappropriate or unfair
Assuring competent, fair and responsive dispute resolution services in Ohio is mainly a responsibility of consumers and service providers. Although statute and local rule regulate who can mediate cases for certain court programs, no statewide certification or credentialing for dispute resolution providers exists in Ohio. If you think there was undue pressure to settle, the third party was biased, or you did not have a chance to fully share ideas for a solution, contact the dispute resolution program coordinator. Describe your questions or concerns and ask whether the mediator or arbitrator’s conduct was proper. If it was improper, request an appropriate avenue to air your grievance and determine the best way to pursue a fair and acceptable solution.
The Ohio Commission on Dispute Resolution and Conflict Management and the Supreme Court of Ohio have published a consumer guide entitled What You Need to Know When Selecting a Mediator which can assist you in better understanding what to expect from the mediation process. Contact the Commission or the Supreme Court to receive a free copy of this publication.
- Deciding Whom to Contact for Dispute Resolution or Conflict Management Services
This directory focuses on not-for-profit dispute resolution and conflict management programs that handle common kinds of neighborhood, family and consumer-business disputes.
Most community, court-connected or government agency programs select, train and supervise their third party neutrals. Many of these programs use trained volunteers to serve as third party neutrals. Some programs, especially court mediation programs handling divorce matters, maintain a list of private mediators. After the court determines that a case is appropriate for a dispute resolution process, court staff will show you how to choose a mediator. Private mediators usually charge a fee for their services. Be sure you know the fee arrangement before the first mediation session. If you find that the not-for-profit programs in your area do not meet your needs, see Section IV for ways to locate private third parties.
Successful mediators, arbitrators and other third parties come from many different backgrounds. For many interpersonal, neighborhood and commercial difficulties, a mediator with basic training and general experience can meet your needs. If there are more complex or unusual issues involved (financial, legal or medical) a third party with a more specific substantive background (e.g., business transactions, law, counseling or health care) may be needed.
- Dispute Resolution and Conflict Management Terms
ADR — Appropriate or Alternative Dispute Resolution — refers to the variety of methods available for resolving disputes.
Arbitration occurs when an impartial third party listens to arguments from both disputants, then issues a decision. The process may be mandatory or voluntary and is generally less formal than a court procedure. The decision may be binding or non-binding. The nature of the process is usually prescribed by court rule or contract.
Binding decisions are those that are legally enforceable between the parties to that process (e.g., binding arbitration).
Caucus is a private meeting between the third party neutral and each party, separately, to gather facts for the dispute resolution process, explore new options, clarify proposals, or to give the parties a chance to cool down.
Collaborative Problem Solving or Consensus Building refers to a process people use to work together to define problems, generate options, and identify objective criteria to reach decision. A neutral third party may assist.
Conciliation can be used when a conflict has become so heated that the parties cannot communicate effectively. An impartial third party intervenes to lower tensions, improve communication, and explore possible solutions.
Conflict Management refers to the philosophy and set of skills designed to assist people in better understanding and dealing with conflict as it arises in all aspects of our lives.
Confidentiality is a key component of many dispute resolution processes and provides that information shared during the course of the process is deemed private and is not to be revealed to anyone outside of the process.
Court-Connected or Court-Affiliated dispute resolution programs are operated, funded or sponsored by a court.
Dispute Resolution refers to the array of methods — most commonly mediation and arbitration — available for resolving disputes.
Early Neutral Evaluation is a process that provides the disputants with an idea of what would happen if they litigated their case in court. The parties and their attorneys submit summaries of their arguments and evidence to an impartial person who analyzes the information and predicts the court’s probable ruling.
Facilitation involves an impartial third party who works with a group to design and manage a process which allows for effective participation and communication when addressing a set of related issues or resolving a problem.
Litigation is a process which involves legal action whereby a decision is rendered by a neutral third party.
Mediation is an informal, confidential, voluntary process in which a neutral third party — a mediator — guides disputing parties in identifying issues and generating and evaluating options to reach a mutually acceptable agreement. The mediator does not have the power to impose a decision on the parties. Mediation can be used before or after filing a formal complaint or lawsuit.
Med-arb is a process by which the parties attempt to resolve their differences through mediation, but agree in advance that if they fail to reach an agreement through mediation, the mediator will become an arbitrator and render a binding decision.
Negotiation is a process in which disputing parties engage in discussions to explore their interests and needs in an effort to reach agreement without the assistance of an outside neutral.
Reconciliation focuses on healing or improving relationships damaged by a conflict. This approach can include family or friends affected by a conflict. Some programs highlight opportunities for reconciliation as a part of victim-offender mediation.
Third Party or Third Party Neutral is the term for an impartial person who acts as a conciliator, mediator, arbitrator or evaluator. Sometimes two or more people work together as a third party team.
- Additional Resources
- Additional Resources for Dispute Resolution in Consumer and Commercial Disputes
In addition to the services offered by local not-for-profit programs, dispute resolution services for commercial disputes are provided by the Ohio Attorney General’s office and eight regional Better Business Bureaus statewide.
Attorney General Consumer Complaints Program
800-282-0515 or 614-466-4986
The Ohio Attorney General’s (AG’s) office offers a program to help resolve consumer complaints. Consumers call to report the complaint, and if the complaint falls within the AG’s jurisdiction, a complaint form is sent to the consumer. The consumer completes the form, and a complaint is filed. The AG’s office then attempts to resolve the complaint through letters, telephone calls, and/or mediation. About 19,000 consumer complaints are filed every year and the AG’s office reports a resolution rate of approximately 50%.
Better Business Bureau Autoline
800-955-5100
This Better Business Bureau program handles complaints about automobile defects in new and used cars.
Regional:
Better Business Bureau (BBB) offices in larger cities provide coverage for disputes involving BBB members across the state. To be connected to the regional office near you, simply call the BBB Autoline.
- Sources of Referrals to Private Dispute Resolution and Conflict Management Providers
Ohio Mediation Association (OMA)
Website: http://www.mediateohio.org/
OMA is principally made up of individual and organizational providers of mediation services in Ohio. Their mission is to promote the use and excellence of mediation services throughout the state. A statewide membership directory containing a listing of available mediation services can be requested. Meetings are held every other month in Columbus, and visitors are welcome.
Ohio State Bar Association (OSBA) ADR Committee
Contact: Eileen Pruett, Esq., 614-752-4000
The OSBA ADR Committee helps local bar associations and court systems to incorporate dispute resolution alternatives to litigation into the services they offer. Committee members are available for consultation in setting up dispute resolution programs such as Settlement Week. The OSBA promotes the use of dispute resolution in state government and private businesses and sponsors Continuing Legal Education courses in dispute resolution. In 1996, the OSBA published an Ohio Directory of Professionals in Dispute Resolution which can be purchased from the OSBA.
Association for Conflict Resolution
Contact: Dan DeStephen, 937-775-2067
The Association for Conflict Resolution (ACR) is a professional membership organization dedicated to serving the needs of dispute resolution practitioners and educators.
American Arbitration Association (AAA)
Contact: Eileen B. Vernon, District VP, AAA - 440-716-2220
A national organization with regional offices that works in labor-management, commercial and other settings, AAA maintains rosters of arbitrators and other third parties.
Other Sources
You may check your phone book’s yellow pages under "mediation" or your local bar association for information. There are also some regional dispute resolution networks that might be of assistance.
- Resources for Conflict Management and Dispute Resolution in Education
Grade School (K-12) Resources
The Commission of Dispute Resolution and Conflict Management, in partnership with the Ohio Department of Education, works with schools and school communities to infuse conflict management concepts and skills into the school environment. The Commission has a variety of publications, including a directory of schools with conflict management programs and a directory of trainers, available for schools and people who work with schools. Please contact Jennifer Batton, Director of School Programs, at 614-644-9275 to receive materials about school conflict management.
State Home Page | OCDRCM Home |
The Commission | Updates | Useful Resources
