The Ohio Uniform Mediation Act

The Ohio Uniform Mediation Act

(Ohio Revised Code Sections 2710.01-2710.10)

Signed by Governor Taft January 28th, 2005

Effective Date October 29, 2005

Given the growth of mediation in Ohio and the public’s interest in protecting the private nature of the process, in 1997 the Ohio General Assembly enacted a statute addressing the confidentiality of communications made during a mediation — Ohio Revised Code (ORC) §2317.023.

In 2005 Ohio enacted ORC §2710, and repealed ORC §2317.023. ORC §2710 is referred to as the Uniform Mediation Act (UMA). The UMA provides mediation participants and mediators with a limited privilege regarding communications made during a mediation or made for the purpose of considering, conducting, participating in, initiating, continuing or reconvening a mediation. It provides that communications will be confidential to the extent agreed upon by the parties. The UMA, effective October 29, 2005, is codified in the Ohio Revised Code (ORC), §§2710.01 – 2710.10.

Below is a link to the UMA, as well as links to a variety of UMA resource materials developed by the Commission on Dispute Resolution and the Supreme Court of Ohio, with the assistance of a number of professionals committed to this education effort.

For questions concerning Ohio’s UMA, please contact the Commission at (614) 752-9595.

(1) View the UMA – ORC 2710.01-2710.10

(2) A Reader’s Guide to Ohio’s UMA (pdf)

(3) Twenty Frequently Asked Questions Regarding the UMA (doc)

(4) Find Out How Much You Know: Take the UMA Quiz (doc)

(5) The UMA for Judges (doc)

(6) Who Holds What Privilege? (doc)

(7) Is This Communication Privileged? – A Flow Chart of Privilege Under the UMA (doc)

(8) Is This a Mediation Communication Under the UMA? (doc)

(9) Learn More About Child Abuse Exceptions to Privilege Under the UMA (doc)

(10) What’s the Difference Between a Felony and a Misdemeanor? (doc)

(11) Public Records and the UMA (doc)

Mediation Statute Tested

There has been one Ohio court case that has interpreted Ohio’s law on mediation privilege and confidentiality. In Schneider v. Kreiner, the Supreme Court of Ohio held that a preliminary complaint form used by a mediator to describe the allegations made by a party, the relationship between the parties, and information relating to the parties, including the mediator’s personal observations about the mediation and the dispute, was protected under ORC §2317.023. The Court determined that the form is confidential as a mediation communication and, therefore, not subject to disclosure under the Ohio Public Records Act. This entire decision is available here.

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	The Ohio Uniform Mediation Act (Ohio Revised Code Sections 2710.01-2710.10) Signed by Governor Taft January 28th, 2005 Effective Date October 29, 2005 Given the growth of mediation in Ohio and the public’s interest in protecting the private nature of the process, in 1997 the Ohio General Assembly enacted a statute addressing the confidentiality of communications made during a mediation — Ohio Revised Code (ORC) §2317.023. In 2005 Ohio enacted ORC §2710, and repealed ORC §2317.023. ORC §2710 is referred to as the Uniform Mediation Act (UMA). The UMA provides mediation participants and mediators with a limited privilege regarding communications made during a mediation or made for the purpose of considering, conducting, participating in, initiating, continuing or reconvening a mediation. It provides that communications will be confidential to the extent agreed upon by the parties. The UMA, effective October 29, 2005, is codified in the Ohio Revised Code (ORC), §§2710.01 – 2710.10. Below is a link to the UMA, as well as links to a variety of UMA resource materials developed by the Commission on Dispute Resolution and the Supreme Court of Ohio, with the assistance of a number of professionals committed to this education effort. For questions concerning Ohio’s UMA, please contact the Commission at (614) 752-9595. (1) View the UMA – ORC 2710.01-2710.10 (2) A Reader’s Guide to Ohio’s UMA (pdf) (3) Twenty Frequently Asked Questions Regarding the UMA (doc) (4) Find Out How Much You Know: Take the UMA Quiz (doc) (5) The UMA for Judges (doc) (6) Who Holds What Privilege? (doc) (7) Is This Communication Privileged? – A Flow Chart of Privilege Under the UMA (doc) (8) Is This a Mediation Communication Under the UMA? (doc) (9) Learn More About Child Abuse Exceptions to Privilege Under the UMA (doc) (10) What’s the Difference Between a Felony and a Misdemeanor? (doc) (11) Public Records and the UMA (doc) Mediation Statute Tested There has been one Ohio court case that has interpreted Ohio’s law on mediation privilege and confidentiality. In Schneider v. Kreiner, the Supreme Court of Ohio held that a preliminary complaint form used by a mediator to describe the allegations made by a party, the relationship between the parties, and information relating to the parties, including the mediator’s personal observations about the mediation and the dispute, was protected under ORC §2317.023. The Court determined that the form is confidential as a mediation communication and, therefore, not subject to disclosure under the Ohio Public Records Act. This entire decision is available here. Back to Court and Community Main Page
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