Ohio Revised Code Search
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Section 2712.73 | Appeal from court of common pleas.
...(A) An appeal may be taken from any of the following decisions rendered by the court of common pleas: (1) An order granting or denying an application to compel or to stay arbitration; (2) An order granting or denying an application for assistance in obtaining evidence or an application for interim measure of protection; (3) An order confirming or vacating a final award or declaring that an award is not entitled to... |
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Section 2712.74 | Policy of state to encourage arbitration or conciliation.
...It is the policy of this state to encourage parties to an international commercial agreement or transaction that qualifies for arbitration or conciliation pursuant to section 2712.03 of the Revised Code, to resolve disputes arising from the agreement or transaction through conciliation. The parties may select or permit an arbitral tribunal or other third party to select one or more persons to serve as the conciliator... |
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Section 2712.75 | Guiding principles.
...The conciliator or conciliators shall be guided by principles of objectivity, fairness, and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned, and the circumstances surrounding the dispute, including any previous practices between the parties. |
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Section 2712.76 | Proceedings of conciliation.
...The conciliator or conciliators may conduct the conciliation proceedings in a manner that they consider appropriate, taking into account the circumstances of the case, the wishes of the parties, and the desirability of a speedy settlement of the dispute. Except as otherwise provided in this chapter, other provisions of the Revised Code, the Rules of Evidence, and the Ohio rules of court shall not apply to conciliatio... |
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Section 2712.77 | Representation or assistance.
...The parties may appear in person or be represented or assisted by any person of their choice. A person assisting or representing a party need not be an attorney or licensed to practice law in this state. |
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Section 2712.78 | Draft conciliation statement.
...At any time during the proceedings, the conciliator or conciliators may prepare a draft conciliation settlement that may include the assessment and apportionment of costs between the parties, and send copies to the parties, specifying the time within which they must signify their approval. |
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Section 2712.79 | Acceptance of settlement.
...No party is required to accept any settlement proposed by the conciliator or conciliators. |
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Section 2712.80 | Evidence and documents admissibility and disclosure.
...When persons agree to participate in conciliation under this chapter, all of the following apply: (A) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. However, this division does not limit t... |
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Section 2712.81 | Stay of judicial and arbitral proceedings.
...The agreement of the parties to submit a dispute to conciliation shall be deemed an agreement between or among those parties to stay all judicial or arbitral proceedings from the commencement of conciliation until the termination of conciliation proceedings. |
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Section 2712.82 | Conciliation tolls statute of limitations.
...All applicable limitation periods including periods of prescription shall be tolled or extended upon the commencement of conciliation proceedings to conciliate a dispute under this chapter, and all limitation periods shall remain tolled and periods of prescription extended as to all parties to the conciliation proceedings until the tenth day following the termination of the proceedings. For purposes of this chapter, ... |
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Section 2712.83 | Terminating conciliation proceedings.
...The conciliation proceedings may be terminated as to all parties by any of the following at the time specified: (A) A written declaration of the conciliator or conciliators, after consultation with the parties, to the effect that further efforts at conciliation no longer are justified, on the date of the declaration; (B) A written declaration of the parties addressed to the conciliator or conciliators to the effect... |
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Section 2712.84 | Terminating as to particular parties.
...The conciliation proceedings may be terminated as to particular parties by a written declaration of a party to the other party and the conciliator or conciliators, if appointed, to the effect that the conciliation proceedings are terminated as to that particular party, on the date of the declaration or by the signing of a settlement agreement by some of the parties, on the date of the agreement. |
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Section 2712.85 | Participation of conciliator in other proceedings involving same dispute.
...No person who has served as conciliator may be appointed as an arbitrator for, or take part in any arbitral or judicial proceedings in, the same dispute, unless all parties manifest their consent to the participation or the rules adopted for conciliation or arbitration otherwise provide. |
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Section 2712.86 | Waiving rights and remedies.
...deemed to have waived any rights or remedies that the party would have had if conciliation had not been initiated, other than those set forth in any settlement agreement that results from the conciliation. |
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Section 2712.87 | Written conciliation agreement treated as arbitral award.
...If the conciliation succeeds in settling the dispute, and the result of the conciliation is reduced to writing and signed by the conciliator or conciliators and the parties or their representatives, the written agreement shall be treated as an arbitral award rendered by an arbitral tribunal duly constituted in and pursuant to the laws of this state, and shall have the same force and effect as a final award in arbitra... |
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Section 2712.88 | Conciliation costs.
...Upon termination of the conciliation proceedings, the conciliator shall fix the costs of the conciliation and give written notice of the costs to the parties. As used in sections 2712.74 to 2712.90 of the Revised Code, "costs" includes only the following: (A) A reasonable fee to be paid to the conciliator or conciliators; (B) The travel and other reasonable expenses of the conciliator or conciliators; (C) The trav... |
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Section 2712.89 | Cost apportionment - immunity of conciliator.
...(A) The costs of the conciliation referred to in section 2712.88 of the Revised Code shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party. (B) No person who serves as a conciliator shall be held liable in an action for damages resulting from any act or omission in the performance of his dutie... |
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Section 2712.90 | State court jurisdiction.
...Neither the request for conciliation, the consent to participate in the conciliation proceedings, the participation in the proceedings, nor the entering into a conciliation agreement or settlement shall be deemed as a consent to the jurisdiction of any court in this state if conciliation fails. |
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Section 2712.91 | Chapter provisions classified as substantive.
...If, in any arbitral, judicial, or other official proceeding within or without this state, it becomes necessary to classify any provision of this chapter as substantive or procedural within the meanings of those terms in the conflict of laws, all provisions of this chapter relating to the obligation of the parties to arbitrate, to the conduct of arbitral proceedings, and to the validity of arbitral awards shall be cla... |
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Section 2713.01 | Arrest.
...In a civil action, a defendant can be arrested before judgment only in the manner prescribed by sections 2713.01 to 2713.29, inclusive, of the Revised Code. This section does not apply to proceedings for contempt, nor to actions prosecuted or judgments obtained in the name of the state to recover fines or penalties. |
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Section 2713.02 | Order of arrest.
...An order for the arrest of the defendant shall be made by the clerk of the court in which the action is brought, when there is filed in his office an affidavit of the plaintiff, his authorized agent or attorney, made before a judge or clerk of any court of the state, stating the nature of the plaintiff's claim, that it is just, the amount of it as nearly as may be, and establishing one or more of the following parti... |
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Section 2713.03 | Bond.
...The order of arrest provided for by section 2713.02 of the Revised Code shall not be issued by the clerk of the court until there is executed, by sufficient sureties of the plaintiff, a bond to the effect that the plaintiff will pay to the defendant all damages, not exceeding double the amount of the plaintiff's claim stated in the affidavit, which he may sustain by reason of the arrest if the order proves to have be... |
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Section 2713.04 | Time for issuance of order of arrest.
...The order of arrest provided for by section 2713.02 of the Revised Code may be made to accompany the summons or at any time afterward before judgment. |
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Section 2713.05 | Contents of order of arrest.
...With a copy of the affidavit, the order of arrest provided for by section 2713.02 of the Revised Code shall be addressed and delivered to the sheriff, and must specify the names of the parties, the court in which the action is brought, the amount of the plaintiff's claim stated in the affidavit, and require the sheriff to arrest the defendant, hold him in bail in double that sum, and to make return thereof on a day t... |
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Section 2713.06 | Return day of order of arrest.
...The return day of the order of arrest provided for by section 2713.02 of the Revised Code, when it is issued at the commencement of a suit, shall be the same as that of the summons. When issued afterward, it shall be fifteen days after its date. |