Uniform Mediation Act

There are more than 2,500 state statutes regulating the practice of mediation. The National Conference of Commissioners on Uniform State Laws (NCCUSL) and the American Bar Association (ABA) joined forces to create a more uniform law that would decrease confusion as well as promote candor. The two bodies spent five years drafting the law and in 2001, NCCUSL approved the UMA and in 2002, the ABA followed suit.

The UMA was introduced in Ohio as House Bill 303, was passed by both the House and Senate in 2004, and was signed by Governor Bob Taft on Jan. 28, 2005. Ohio became the fourth state to enact the law, joining Nebraska, Illinois and New Jersey. The UMA will be Sections 2710.01-2710.10 of the Ohio Revised Code as of Oct. 29, 2005, thereby repealing Section 2317.023.

• 2710.01, Definitions: Provides pertinent definitions, including "mediation," "mediation communication" and "proceeding."

• 2710.02, Scope: Tells when a mediation does and does not fall under the UMA.

• 2710.03, Who Holds the Privilege: Details the extent of the privilege of the mediation parties, the mediators and the nonparty participants.

• 2710.04, Waiver and Preclusion of the Privilege: Describes how the mediation privilege may be waived and two instances in which an individual is precluded from asserting his privilege.

• 2710.05, Exceptions to the Privilege: Enumerates situations in which there is no privilege for a mediation communication and indicates that where there is no privilege, only the portion of the mediation communication necessary may be admitted.

• 2710.06, Mediator Reporting: Clarifies what a mediator is and is not permitted to disclose in regards to the mediation and the penalty for surpassing the set boundaries.

• 2710.07, Confidentiality: Explains that mediation communications are confidential to the extent agreed to by the parties or as provided in other sections of the Ohio Revised Code.

• 2710.08, Mediator Disclosure: Requires the mediator to disclose conflicts of interest likely to affect impartiality and to be impartial unless the parties agree otherwise. While the mediator need not have any particular qualifications, the mediator must disclose his qualifications at the party's request.

• 2710.09, Who Parties May Bring to the Mediation: Grants parties the power to bring any attorney or individual they desire, even if a waiver of participation had previously been agreed to.

• 2710.10, International Application: Describes the interaction between the UMA and the Electronic Signatures in Global and National Commerce Act.

Privilege and confidentiality can be easily understood in the following manner:

• Privilege refers to what mediation communications may or may not be disclosed in subsequent legal proceedings after the mediation is over. The UMA broadly protects against the disclosure of mediation communications by granting three varying mediation privileges (to mediation parties, the mediator and nonparty mediation participants), with certain enumerated exceptions.

• The issue and extent of confidentiality, on the other hand, is decided by the parties prior to the mediation and usually solidified in a contract.

Ohio's Uniform Mediation Act: A Reader's Guide
The Reader's Guide provides for the general public a summary of the UMA, steps to determine whether a mediation communication is admissible in court, the history of the UMA, a brief discussion of Ohio's previous mediation law, differences between the UMA and Ohio's previous mediation law, and the impact of the UMA on the Ohio Revised Code.

Uniform Mediation Act: Frequently Asked Questions
The Uniform Mediation Act is a very intricate and important piece of legislation. These Frequently Asked Questions offer answers to pressing issues that are especially helpful to mediation parties and/or participants. For instance, how does one know whether a mediation is covered by the UMA? And, how can a mediation party restrict someone else from disclosing what was said during a mediation in a subsequent legal proceeding?

Is this a Mediation Communication under the UMA?
This flowchart aids the mediator in determining whether something is a mediation communication with potential coverage under the UMA as privileged.

Is this Communication Privileged under the UMA?
This flowchart navigates the path for determining whether a mediation communication is privileged under the UMA. To do so, one must figure out whether the mediation communication has been properly waived or precluded and if not, whether an enumerated exception to the privilege applies.

Felony or Misdemeanor
In Ohio, individuals are required to report to law enforcement if he or she knows that a felony has been committed or will be in the near future (Ohio Revised Code Section 2921.22). The UMA reflects this same idea by requiring mediators to disclose mediation communications that provide this information. These documents are helpful to mediators, therefore, as they clarify the distinction betweena felony and a misdemeanor.

Child Abuse Exceptions to Privilege, Child Abuse Reporting and the UMA
This outline explains the exception to the privilege and a right to report when it comes to mediation communications involving child abuse, neglect, abandonment and exploitation.

The Uniform Mediation Act: A Quick Reference for Judges
The Uniform Mediation Act affects more than judge mediators, mediation parties and non-party participants. This reference provides judges with a quick overview of how the UMA will impact their day-to-day operations.

Is this a Mediation Communication under the UMA?
This flowchart aids the judge in determining whether something is a mediation communication with potential coverage under the UMA as privileged.

Is this Communication Privileged under the UMA?
This flowchart navigates the path for determining whether a mediation communication is privileged under the UMA. To do so, one must figure out whether the mediation communication has been properly waived or precluded and if not, whether an enumerated exception to the privilege applies.