Last amended July 1, 2026 · Last verified July 1, 2026
In one sentenceRule 73.29 encourages probate judges to steer disputes toward voluntary resolution — settlement talks, eldercaring coordination, mediation, early neutral evaluation with a stay of up to sixty days, or another method all parties agree to in writing.
The probate division of a court of common pleas or a family court exercising probate jurisdiction may encourage the use of alternative dispute resolution in any matter the court deems appropriate. A judge is authorized to facilitate the use of voluntary alternative dispute resolution processes by taking any one or more of the following actions in disputes brought to the attention of the court:
(A)Suggesting that the parties engage in settlement negotiations and appropriately participate in such negotiations;
(B)Informing the parties about eldercaring coordination, if available, and, upon agreement of the parties, entering an appropriate order either referring the dispute to eldercaring coordination or implementing the result of the eldercaring coordination process. As used in this rule, “eldercaring coordination” means a dispute resolution process modeled after the concept of parenting coordination for high-conflict families regarding the care and safety of elders.
(C)Referring the parties to mediation consistent with Sup.R. 6.05 and a local rule governing mediation, if any;
(D)Informing the parties about the availability of early neutral evaluation programs, including those offered by local bar associations, and, upon agreement of the parties, entering an appropriate order doing any of the following:
(1)Referring the dispute to early neutral evaluation;
(2)Staying the proceedings in the litigation for up to sixty days pending completion of the early neutral evaluation process;
(3)Implementing the result of the early neutral evaluation process.
(E)Upon request of the parties to the litigation, evidenced by a written certification of agreement from all parties, entering such orders to refer the dispute to any other alternative dispute resolution method as the judge deems to be consistent with the interest of justice.
End
Amendment History
Effective Date: July 1, 2026
Plain-English Summary
The rule lets the probate division, or a family court exercising probate jurisdiction, encourage alternative dispute resolution in any matter it considers appropriate, and it authorizes the judge to facilitate voluntary processes in five ways.
The judge may suggest that the parties negotiate a settlement and take part appropriately in those negotiations. The judge may tell the parties about eldercaring coordination, where it is available — a process modeled on parenting coordination for high-conflict families, focused on the care and safety of elders — and, if the parties agree, refer the dispute to it or implement its result. The judge may refer the parties to mediation consistent with Sup.R. 6.05 and any local mediation rule. The judge may tell the parties about early neutral evaluation programs, including those offered by local bar associations, and, if the parties agree, refer the dispute, stay the litigation for up to sixty days while the evaluation is completed, or implement the result. And when all parties certify their agreement in writing, the judge may refer the dispute to any other method consistent with the interest of justice.
Frequently Asked Questions
What is eldercaring coordination?
The rule defines it as a dispute resolution process modeled after parenting coordination for high-conflict families, addressing the care and safety of elders. A judge may refer a dispute to it, where available, if the parties agree.
How long can a probate case be stayed for early neutral evaluation?
Up to sixty days pending completion of the evaluation, and only if the parties agree, under Rule 73.29(D)(2).
Can the court use a method the rule does not name?
Yes, if all parties request it and certify their agreement in writing. Rule 73.29(E) then lets the judge refer the dispute to any other method consistent with the interest of justice.
Source & verification. The rule text, Effective Date, Amended dates, and Staff Notes are reproduced verbatim from the
official Ohio Rules of Civil Procedure (Ohio R. Civ. P. 73.29). Prescribed by the Supreme Court of Ohio (Ohio Constitution, Art. IV, § 5(B)). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:probate mediationeldercaring coordinationearly neutral evaluationprobate alternative dispute resolution