Q: What is the Uniform Mediation Act?
A: Ohio’s Uniform Mediation Act (UMA), which became effective in 2005, affects many aspects of mediation and is designed to provide for a uniform set of legal rules regarding mediation practices from state to state. The UMA can be found in Chapter 2710 of the Ohio Revised Code, Sections 2701.01 to 2710.10.
Q: Why should I be concerned about the UMA?
A: Mediation is being used more and more, both in and out of Ohio’s courts, and it is likely that even more types of disputes and cases will be mediated in the future. Knowing how the UMA affects mediation will be increasingly important for those who are participating in mediation.
Q: What types of mediation are covered by the UMA?
A: Mediation is “any process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.” Most mediations are covered under the UMA. What is not covered by the UMA are collective bargaining in the labor field, school peer mediations, court settlement conferences conducted by a judicial officer (judge or magistrate) who might make a ruling in the case, or mediations in a correctional institution for youths.
Q: Who can be a mediator under the UMA?
A: A mediator is “an individual who conducts a mediation.” A mediator may be a court employee, a volunteer helping a court, or a lawyer or other professional in private practice. Although many mediators are also lawyers, that credential is not required. Depending on the type of case being mediation and the individual court, a mediator may be required to have specific qualifications for that type of case. Mediators must always be impartial.
Q: In essence, what does the UMA do?
A: The UMA provides a lot of protection for the mediation process and those who participate. One aspect, for example, is to protect the private nature of communications before, during and after a mediation. This is important because when people do not talk openly with the mediator and each other, there is less chance of reaching a successful resolution. Thus, the UMA protects the mediation communications.
Q: How does the UMA protect mediation communications?
A: The UMA creates a legal privilege for “mediation communication” (such as any statement made before, during, or after a mediation). A “privilege” is the legal ability of one person to prevent another person’s testimony from being introduced in a later court proceeding. The mediator, all parties, and certain other people present at the mediation, such as attorneys, have a privilege in varying degrees under the UMA to stop other people from revealing what was said at a mediation.
Q: Can a person give up the protection of the UMA?
A: Yes, a person may waive or give up his or her mediation privilege. However, it is important to remember that all parties to a mediation are protected by the UMA. Even if all but one party involved in the mediation have given up the privilege, that one party still may choose to use the privilege to block certain testimony.
Q: Is everything said in a mediation protected by the legal privilege in the UMA?
A: No, certain topics or types of statements are legally excluded. For example, discussion regarding abuse or neglect of children or the elderly, crimes or threats of violence, and materials subject to public records laws, and signed settlement agreements are not protected from disclosure by the legal privilege provided under the UMA.
Also, the UMA does not stop or limit communications outside of court to third parties. If someone is concerned about protecting personal information or trade secrets, for instance, the parties may want to enter into a signed confidentiality agreement before a mediation begins.
Q: What can a mediator tell a judge if the case is in court?
A: The UMA limits what a mediator may tell a judge. A mediator may tell the judge whether or not the mediation occurred, who attended, and whether or not the case was settled. Beyond those points, a mediator cannot report, analyze, evaluate, or make findings or recommendations to a court or judge.
Q: Does a mediator have any obligations under the UMA?
A: Yes; a mediator must be impartial. A mediator must look into and reveal any potential conflicts of interest that might affect his or her impartiality. Also, if asked, a mediator must disclose his or her qualifications as a mediator.
Q: Where can I learn more about the UMA?
6/3/2016This "Law You Can Use" consumer legal information column was provided by the Ohio State Bar Association. It was originally prepared by Harold Paddock, a mediator with the Clermont County Court of Common Pleas. It was updated by Marcie Patzak-Vendetti, director of Court Mediation for the Mahoning County Court of Common Pleas, Juvenile Division.