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Bill Summary · HB 895

Overview

HB 895 (136th General Assembly, Ohio) would enact the Ohio Custody Mediation and Orientation Act. It amends and repeals current provisions governing mediation and conciliation in child custody cases, introducing a structured requirement for mediation or conciliation in specified domestic-relations proceedings, plus mandatory court-approved orientation for each party.

Purpose and intent

  • Establish a formal framework to require mediation or conciliation in disputes over the allocation of parental rights and responsibilities and parenting time in divorce, dissolution, legal separation, annulment, or related cases.
  • Promote resolution of custody disputes through mediated or conciliatory processes, with court oversight to ensure the best interests of the child are considered.

Key provisions and changes

Mediation (Sec. 3109.052)

  • In divorce/dissolution/legal separation/annulment or allocation cases involving children, if parents do not agree on parental rights, responsibilities, or a specific parenting-time schedule, courts may or shall order mediation using procedures adopted by local rule.
  • Courts may waive mediation if it is not appropriate. When deciding:
    • Court must consider child best interests.
    • Court must assess prior offenses involving family/household members (e.g., domestic violence or abuse) and other relevant conduct.
    • If prior disqualifying offenses exist, mediation may be ordered only with explicit written findings supporting that it is in the best interests of the parties.
  • If mediation is ordered and a mediation report is required, the report must be filed and will indicate whether agreement was reached and the content of any agreement (no background or process details).
  • Mediation reports are to be used by the court to inform allocations of parental rights and schedules, but the court is not bound by the mediation outcome.
  • Mediators are prohibited from being parties or witnesses in related court actions beyond specified exception categories.

Mediation procedures and qualifications (Sec. 3109.052, continued)

  • Local mediation rules must address mediator qualifications, ensure mediation costs do not bar participation (including indigence considerations), standards of conduct, and specific training requirements for mediators, including:
    • Family law and custody procedures
    • Child development
    • Power imbalance and father involvement issues
    • Domestic violence screening

Orientation (Sec. 3109.052)

  • Each party involved in mediation must complete a court-approved orientation, in person or online, covering:
    • The mediation process
    • Rights and responsibilities of each parent
    • Potential outcomes of mediation and court trial
    • Available local resources for parenting education and father engagement

Conciliation (Sec. 3109.055)

  • For cases involving unmarried parents with a acknowledged or adjudicated father, courts may order conciliation with a magistrate to resolve disputes over parental rights and responsibilities.
  • Costs of conciliation may be waived or scaled for indigent parties; courts may require one party to pay all costs.
  • Conciliators must be trained in similar areas as mediators (family law, child development, power dynamics, DV screening).
  • Conciliation procedures may involve family counselors, service agencies, health services, clinicians, or clergy. A conciliation order may require counseling with specifics on provider, duration, and conditions.
  • No order on parental rights or parenting time may be issued until conciliation concludes and a report is filed.
  • Courts may waive conciliation if not appropriate, using criteria similar to mediation regarding best interests and prior offenses.
  • Orientation is required for each party regarding conciliation.

Who would be affected

  • Parents involved in divorce, dissolution, legal separation, annulment, or child-custody actions, and unmarried parents with disputes over parental rights and parenting time.
  • Courts issuing and administering mediation or conciliation orders.
  • Mediators and conciliation magistrates, with specified training requirements.
  • Families with potential financial constraints, given cost-assistance provisions (waivers and sliding-scale payments for mediation/conciliation).

Procedural and timeline aspects

  • Courts must determine whether mediation or conciliation is appropriate and provide written findings when disallowing it due to prior offenses or safety concerns.
  • Mediation and conciliation may be ordered as a prerequisite to resolving custody matters, with the mediation report or conciliation order informing subsequent court allocations of parental rights and schedules.
  • Both processes require court-approved orientation for each party prior to or during proceedings.
  • Local rules will specify mediator qualifications, cost controls, and conduct standards.

Effective status

  • Introduced in May 2026. If enacted, the act would replace the current sections 3109.052 and 3109.055 with the new framework titled the Ohio Custody Mediation and Orientation Act.

Compiled from official sources — confirm details with the bill’s official record.

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