Alternative Dispute Resolution
Private agreements to mediate and court-ordered mediation is governed by the Ohio Mediation Act (O.R.C. Chapter 2710). This statute does not govern mediation conducted pursuant to a process provided in a collective bargaining agreement, unless the agreement itself identifies that the procedure shall be subject to Chapter 2710. R.C. §2710.02(B)(2).
The Ohio Arbitration Act (O.R.C Chapter 2711) provides that arbitration agreements are “valid, irrevocable, and enforceable, except upon grounds that exist at law or in equity for the revocation of any contract.” R.C. §2711.01(A). If an arbitration clause is enforceable, a trial court must stay any pending action. R.C. §2711.02(B).
Exceptions to Enforceability
Substantively unconscionable (e.g. so one-sided they are oppressive) or procedurally unconscionable (e.g. no meeting of the minds) arbitration clauses are unenforceable. Vanyo v. Clear Channel Worldwide, 156 Ohio App.3d 706 (8th Dist. 2004).
Powers of Arbitrators
Arbitrators may administer oaths to witnesses, fix the time and place of hearings, adjourn and reschedule meetings and subpoena documents or any person to attend the arbitration. R.C. §2711.06.
If you need help in arbitration or mediation, call Mark Weiker at (614) 519-6918.