A subcontractor which declined to participate in mediation, but
whose claims were impacted by the outcome, was not entitled to
obtain any confidential mediation information in related litigation, as
it did not meet any of the exceptions to the mediation privilege in
Ohio’s Uniform Mediation Act. The appellate court criticized the trial
court’s plan to release privileged mediation documents along with
non-privileged documents and invite litigants to seek a protective
order and “claw back” the privileged documents to avoid harm.
American Environmental Grp., Ltd. v. H.M. Miller Constr. Co., No.
100854 (C.A. Ohio, October 23, 2014)
