If you do not like the ruling at trial, you may have Ohio appeal rights, which is the right to appeal the trial court’s decision.
Ohio Appeal Rights To Appeal The Magistrate
If the trial or hearing was heard by a magistrate, you have the right to appeal the magistrate. If the magistrate issued an order, you have the right to ask the judge to set the order aside. This must be filed within ten days of the order. Filing this motion does not automatically stop the order from taking effect. If the magistrate issued a decision, you have the right to object to the decision. The objection automatically stops enforcement of the decision. Unfortunately, this includes the parts you may like along with the parts to which you have objections. The objection must be filed within fourteen days of the filing of the magistrate’s decision.
What is mediation? Mediation is a process in which two or more parties negotiate a voluntary agreement with the help of a mediator. The mediator facilitates communication between the parties. Statements made during mediation are protected under Ohio’s Uniform Mediation Act
(UMA) as set forth in Ohio Revised Code 2710.01
(R.C. 2710.01-2710.10). This privilege gives one the ability to stop other people from revealing what was said at a mediation. Does this mean everything said in a mediation is protected by privilege? No. The following topics are not protected by privilege under the UMA: discussions disclosing abuse or neglect of children and abuse or neglect of the elderly; plans to commit crimes; threats of violence; whether a mediation occurred; and signed settlement agreements. Mediators are neutral third parties who assist the parties with issue identification and problem solving. The mediator will usually meet with each side separately, but some mediation sessions are held with all the parties present face-to-face. Mediation is a useful tool used in several areas of the law, including civil cases, child custody cases, divorces, foreclosures, and abuse, neglect and dependency cases. If the parties do not reach an agreement, the mediator may schedule a follow-up session or may report to the court that an agreement was not reached.
Under the Making Home Affordable act, homeowners who fall behind on their mortgage payments can have their mortgages modified. This can be accomplished by reducing the initial interest rate to as low as 2% and extending the term of the mortgage loan. This process often occurs at the same as the foreclosure process. Because the time to complete the modification process varies, it is important to protect your rights by defending the foreclosure complaint. Attorney Gigiano has provided successful foreclosure defense for numerous homeowners facing the loss of their home. Call now to learn how his experience can help you obtain your modification while defending your foreclosure case.