If you are initiating this Online Dispute Resolution tool AFTER filing your case in the Hamilton County Clerk of Courts, you should notify the Court for the following reasons:
If your court date is approaching and you would like more time to attempt to resolve this through this online negotiation and/or mediation platform, you need to file a motion for a continuance of the court date with the Hamilton County Clerk of Courts and explain that you are trying to resolve this out of court.
If you come to a resolution or agreement through this platform, please file that agreement and a notice of dismissal with the Court, so your case is no longer pending on the Court's docket. Please note: if you do not notify the court, you are responsible for any subsequent fees.
Frequently Asked Questions
What is online dispute resolution?
[+][-]Online Dispute Resolution (ODR) is an online messaging system designed to help you resolve your case in a quick and convenient way from a computer or Smartphone. Participating parties can choose to try to resolve their dispute directly or they can request a neutral volunteer mediator to facilitate the process. Parties can avoid the cost and time of going to court and come to their own agreement about how to resolve a dispute.
Can I use ODR to resolve my dispute before it is filed in the Court?
[+][-]Yes, you can use the ODR platform to resolve a dispute before a case is filed by registering in the ODR system and inviting the other party to participate. If you have an active eviction or small claims case in the Court you can contact your court to request online dispute resolution or you may also be referred to mediation by the court at the time of your hearing.
When can I access the ODR Platform?
[+][-]ODR is available to you 24/7 and you may use it anytime at your convenience.
Is there a cost to use ODR?
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No. ODR is a free service for court users.
Mediation is any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. Ohio's law governing mediation is called the Uniform Mediation Act.
What is the difference between negotiation and mediation?
[+][-]Negotiation is a process in which two parties in a dispute try to reach a settlement directly without the help of a mediator. Mediation engages a neutral third party who will assist the parties in reaching a solution.
What does a mediator do?
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A mediator is an individual who conducts a mediation. A mediator receives training to be neutral and they do not offer legal advice. Mediators help people come to a voluntary agreement.
Mediators are trained, experienced, neutral third parties who will help you and the other party find a solution to your problem. They have been specially selected by your court to assist people using ODR.
Will a mediator be assigned to my case?
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You may request a mediator at any time. Many people find it helpful to negotiate with the other person before requesting a mediator. Others request a mediator right away.
What does Online Dispute Resolution mean legally?
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Online dispute resolution is not a trial. The purpose is to resolve the case before it goes further through the legal system. If the parties reach an agreement they can document the agreement in writing and submit it to the court (if there is an active case), or use the agreement as a guide that will prevent future disagreements or lawsuits. You and the other party, not a judge or magistrate, get to resolve your dispute in a way that works for both of you.
I have received a notification that I have been invited to participate in Online Dispute Resolution. What is this?
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A party has registered in the Online Dispute Resolution Platform and would like to try to settle your dispute before filing a case in court. You can register as the other party in the ODR platform and begin the process.
I have been referred to Online Dispute Resolution by the Court. What now?
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The judge has recommended you and the other party log on to the ODR system as a step to resolving your matter. One party will register in the platform inviting the other party to participate. You will be able to negotiate directly with the other party to try to resolve your dispute or you can engage a mediator to assist in the process.
What if I don't have a computer?
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If you are reading this online, you have everything you need to access ODR.
ODR works with any device (computer, tablet or mobile) with web access (internet or cell-phone connectivity).
ODR supports the latest browser versions of Chrome, Safari, IE/Edge and Firefox.
Who can see my "conversation"?
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The conversation space is private to:
- You,
- The other party, and
- The mediator
No one else has the ability to view your conversation.
With very limited exceptions, such as threatening harm to another person, all discussions are confidential and cannot be used in a trial.
There may be a time when you want the mediator to know something that you do not want to share with the other party:
- ODR allows you to communicate privately with the mediator
- You can have a private conversation with just the mediator by clicking on the "[your name] +Mediator" tab.
Mediators cannot be a witness or have their notes subpoenaed in a court case.
What if ODR is unsuccessful? Can I get back to court?
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If your negotiation/mediation is unsuccessful:
- Select "I would like to opt-out"
- Check the box to confirm and click [Submit]
You may file your case with the court or if the case has already been filed your case will proceed in court.
What are the system requirements to use ODR?
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ODR works with any device (computer, tablet or mobile) with web access (internet or cell-phone connectivity).
ODR supports the latest browser versions of Chrome, Safari, IE/Edge and Firefox.
Is ODR Web Content Accessibility Guidelines (WCAG) compliant?
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Yes. The ODR system is accessible to people with disabilities.
What can I do if I find an error in my registration after I submit it?
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Contact the Hamilton County Clerk of Courts at 513-946-5631.