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9th district court of appeals welcomes new mediation attorney
SHERRY KARABIN
Legal News Reporter
Published: July 26, 2019
After a long hiatus, the 9th District Court of Appeals once again has a mediation attorney on staff to assist parties in resolving cases or issues related to assignments of error.
Attorney John Minter began on June 17, filling the void that was created in August 2018 when Jennifer Krieger left the position to serve as a judicial attorney for 9th District Court of Appeals Judge Lynne Callahan.
“I am very excited about the opportunity,” said Minter. “While I have done mediation for lower court cases, I have never done appellate mediation.
“It is a new challenge for me, but I am working in a very supportive environment, with a great team of judges and staff, who are committed to my success.”
The search for a new mediation attorney began last December.
Judge Callahan, who currently serves as administrative judge said the court took time to begin looking for Krieger’s replacement because the judges needed to address facility concerns and other issues.
“When Jennifer left, we were still located in the Ocasek building,” said Judge Callahan. “We didn’t have adequate space to conduct mediations and there were security issues as well.”
Those obstacles were resolved last September when the court moved to its new home on the second floor of 121 S. Main St., which provides several conference rooms in which to conduct mediation. However, Judge Callahan said there were still differences of opinion among judges over whether mediation is the best way to resolve appeals court cases.
“When we got together and decided that we wanted to go forward with mediation, we had an amazing response from potential candidates, who were all very qualified,” said Judge Callahan. “In the end we selected John because he has the background, personality and enthusiasm required to hit the ground running.
“John has the chance to mold our mediation program and we are looking forward to seeing how he does and what he comes up with.”
“We are one of a handful of appellate districts in the state of Ohio that offers mediation,” said 9th District Court of Appeals Presiding Judge Thomas Teodosio. “We are really excited to offer parties and attorneys the chance to use this tool.
“The goal is for the parties to resolve all of the issues raised in their appellate case but if they can resolve only certain assignments of error (issues) within the case that would narrow the issues left for the appellate court to decide.
“We are hoping John can expand upon the program that we previously ran,” said Judge Teodosio.
A native of Marion, Ohio, Minter received a bachelor’s degree in philosophy from Ohio Northern University and his juris doctor from The Ohio State University Moritz College of Law.
“I knew that I wanted to go into the legal profession from an early age,” said Minter. “I grew up watching The People’s Court with Judge Wapner and I initially thought I wanted to be a judge because I liked how he brought order to disorganized situations.
“Once I realized it was an elected position, I decided against it,” said Minter. “I stayed in the legal profession though because I think the application of law to facts can be very interesting. A seemingly small detail can change the outcome of a case.”
As a law student, Minter served as a mediator in the Franklin County Small Claims Court.
He began his career in 2004 as an associate at Collins & Lowther. In 2007, he was selected by the Moritz College of Law to serve as the Langdon Fellow in Dispute Resolution.
Later, he became an assistant prosecutor in the Marion County Prosecutor’s Office, where he represented Marion County Children Services in trial and appellate court cases. He also opened his own practice, primarily handling family law and probate matters and served as a contract mediator.
Prior to accepting his current position with the 9th District Court of Appeals, Minter was a civil mediator for the general division of the Cuyahoga County Court of Common Pleas and the assistant administrator of the Dispute Resolution Department.
“While I have enjoyed all the work that I’ve done, I chose to focus on mediation because I like the challenge of helping parties to determine the best way to resolve their issues,” said Minter. “The mediation process allows those who know their situations the best to be counseled and resolve their concerns in a way that hopefully meets the interests of both parties.
“There is an important component of self-determination that does not exist when a judge or jury is involved.”
Minter said he is focusing on familiarizing himself with the court and its procedures so he can determine how best to structure the program.
“The way things work is that once an appellate case is filed, we review it and based on the review we decide if it is appropriate for mediation,” said Minter. “The attorneys for the parties can also request mediation on the docketing statement or make a confidential request.
“If any of those scenarios happen, we set up a pre-mediation phone conference, where we speak with counsel or the party, if a person is self-represented, to talk about the issues, relevant history and what the process entails moving forward,” he said. “Many times mediation is done in person, which we have the ability to do at the court or I can travel to one of the counties. It’s also possible to do it by phone or a combination of in-person and phone.”
Minter said mediation can lead to a much quicker resolution and lower costs for those involved in the dispute.
“If the parties do reach a resolution, their attorneys typically draft a settlement agreement for the parties’ signatures and then file paperwork with the court dismissing the related appeals,” said Minter. “Settlement agreements are usually confidential and are often viewed as enforceable contracts.”
Minter said even if an agreement is not reached at the mediation, the process is beneficial because it can give the parties a better understanding of the other side’s point of view and clarify the issues that separate them.
“Also mediation communications in Ohio are privileged, which means what we discuss won’t be shared with the court or made available in other legal proceedings,” said Minter. “This allows parties to thoroughly explore settlement options without having their statements used against them in court if they don’t settle.”
“Our district is one of the busiest in the state,” said Judge Teodosio. “It is possible that bringing back the mediation program could help to reduce the court’s docket down the road.”