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Uniform Mediation Act
Affects Dispute Resolution
Q.: What is the Uniform Mediation Act?
A.: Ohio's Uniform Mediation Act (UMA), which became effective in 2005, affects many types 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 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.: The UMA defines mediation broadly as any process where a third party neutral helps the disputing parties negotiate better. What is not covered by the UMA are collective bargaining in the labor field, school peer mediations, labor dispute 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.: As defined in the UMA, a mediator is anyone who conducts a mediation. A mediator does not have to have special credentials or a license, but a mediator must be impartial.
Q.: In essence, what does the UMA do?
A.: The primary purpose of the UMA is to protect the private and confidential nature of discussions before, during, and after a mediation. This is important because, when people don't talk openly with the mediator and each other, the chances of a successful settlement drop. The UMA protects the privacy of the mediation discussions, and thus helps everyone reach a mutually beneficial resolution.
Q.: How does the UMA protect the privacy of talks in a mediation?
A.: The UMA creates a legal privilege for "mediation communication" (any statement made before, during, or after a mediation). A "privilege" is the legal ability of one person to block another person's testimony from being introduced in a later court proceeding. The mediator, all parties, and any 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 can waive or give up his or her mediation privilege. It is important to remember, however, 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 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 can enter into a confidentiality agreement before a mediation starts.
Q.: What can a mediator tell a judge if the case is in court?
A.: A mediator cannot tell a judge much at all. The UMA limits a mediator to telling a judge the following: 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 look into and reveal any potential conflicts of interest that might affect his or her impartiality, and, if asked, must disclose his or her qualifications as a mediator.
Q.: Where can I learn more about the UMA?
A.: The Internet has many resources on the UMA in Ohio. You can read the full text of the UMA at http://codes.ohio.gov/orc/2710. The Ohio Commission on Dispute Resolution and Conflict Management has material on the UMA at http://disputeresolution.ohio.gov/cc/confidentialitystatute.htm. The Ohio Supreme Court has information on the UMA at http://www.sconet.state.oh.us/dispute_resolution/resources/uma/default.asp.
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Opposites do attract. There is no other explanation for how my husband and I ended up married to each other for better or worse, richer or poorer…yada, yada, yada… and stayed that way for going on 27 years.
He is a scientific and technological wizard who can't spell science or technology with any amount of accuracy. I am a bookworm who once thought that "booting" my computer meant kicking it in a soft spot.
My husband tells me that he doesn't need to know how to spell as long as he knows how to operate a computer with a spell checker…which he does. So the only reason that knowing how to spell might be considered an asset is if you were a writer…which I am. So, it all works out…unless we take out the Scrabble board.
I want you to know that I was not the one who suggested playing Scrabble. My husband, bless his heart, wanted to do something with me instead of watching TV one night. So he suggested Scrabble. He must've known that he didn't stand a chance of winning. Maybe he was trying to make up for going into a laughing fit when I asked if my anti-virus software would balance my checkbook.
Whatever the reason, he brought out the game with its little wooden tiles; tiles that, incidentally, we've never counted. If we did, and found out that one was missing, then the game wouldn't be playable any longer. Blissful ignorance has always been the best policy with regard to game pieces at our house.
I let him start because, well, I knew I stood a pretty good chance at winning. The least I could do was let him take the first double letter square. And as you must know, I always do the least I can do.
He put down HOP; probably because he knew he could spell it. He said it was because the only other word he had was banned in 38 countries.
Throughout the game, he'd put down non-words like EVAIL and JAT, because other than cuss words, that's all he had. He questioned nearly every word I put down, because if you only knew how to spell cuss words, it was the strategic thing to do.
At some point, I added ING to his HOP. Then he decided that was a good idea. He tried adding ANAL to FATE. I objected because he was trying to use a triple word score. Then he tried adding AFT to HOLE. I raised an eyebrow as he looked at me rather sheepishly. His mind was obviously in some distant port-o-potty.
I put down MAIZE. He insisted it was spelled wrong but said he'd "take it". I know he refused to look it up because he'd lose a turn if he was wrong. I told him that it was corn. He thought it was funny that, because we'd taken the kids to a corn maze for Halloween, I thought a maze was corn. Hilarious.
He put down ROW. I added a DY and got a double word score for my efforts. He put down CHILE on a triple word, but I had to tell him not to use proper nouns.
"What's so proper about something that makes you toot?" he asked. He picked them back up after I explained that CHILE was a country, not a spicy stew. Then he looked at them a long, long time.
Finally, trying to be helpful, I asked, "Do you have any R's?" He answered, "Go Fish! Got any I's?"
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"Caring for her Mother"
By Daniel J. Vance
Until recently, "Toni" was a reader of this column in a weekly newspaper south of the Mason-Dixon line. She now resides in southeastern South Carolina. For privacy and possibly security reasons, Toni decided not to identify herself.
Her 90-year-old mother, "Lourine," had a "mini" stroke a few months ago, has arthritis in her left hip, and has short-term memory issues.
"Forgetfulness probably isn't listed officially as a disability, but when you can't remember to take your medication and that leads to other health problems, it's certainly a form of disability," wrote 59-year-old Toni in an email. "My mother doesn't get around well, and has to rely on a cane around the house or a wheelchair when shopping. And she loves to shop."
In order to care for her aging mother, Toni and her husband had to make a number of tough decisions. For one, her husband is "back home" in another Southern state, she said. They decided that quitting their jobs would have been too risky for both of them to do simultaneously without having other good-paying jobs waiting in South Carolina. So, at least for now, they have to live separate lives.
She said, "I had to leave my husband (though we stay in close contact), and leave close friends, family members, pets, a well-paid position, and the home I love. But I would do it again in a heart beat."
She has great admiration for her mother, who Toni described as forgiving, fun-loving, and possessing the ability to laugh at herself. She also said her mother was generous to a fault at times, and loved her family immensely.
"(My mother) has been my anchor for long as I can remember," she said. "The thought of not having her around terrifies me. I'm not what people would call a 'mama's girl', but no longer having her with me in this life will definitely leave me feeling at loose ends."
As advice for people considering caring for an aging parent, she said, "Think long and hard about the sacrifices involved. It will take both emotional and physical strength, the ability to forgive yourself when your patience wears thin, and definitely a sense of humor. If you decide to do it, remember to take time for yourself, even if that means just going to another room and shutting the door."
Contact danieljvance.com [Blue Valley Sod and Palmer Bus Service grants make this column possible.]
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