Center for Dispute Resolution Co-Director Terrence Wheeler Testifies on the Uniform Mediation Act (UMA)

February 18, 2004

January 15, 2004, Terrence Wheeler, Co-Director of the Center for Dispute Resolution at Capital University Law School and local mediator and attorney provided testimony to the House Judiciary Committee concerning the Uniform Mediation Act. Representative Scott Oelslager, a graduate of the Law School, chairs the House Judiciary Committee.

Mr. Wheeler presented the perspective of the Association for Conflict Resolution on the UMA regarding two modifications dealing with confidentiality and impartiality. One proposal suggested the bill be changed to provide that mediation communications are confidential and not to be disclosed unless the parties agree otherwise. He also noted the new confidentiality statement would require appropriate exceptions for such purposes as reporting threats of violence and complying with open meeting laws and existing mandatory reporting requirements. This approach allows the public and mediators to have a common standard and expectation regarding confidentiality, but allows the mediation participants to knowingly modify the confidentiality to the extent agreed to by them.

Mr. Wheeler also suggested inclusion in the bill of language adopted by the National Conference of Commissioners on Uniform State Laws requiring a mediator to be impartial. This approach acknowledges that impartiality has been recognized as central to the mediation process, and there is a general expectation that neutral third-parties should be impartial.

The House Judiciary Committee is continuing to hold hearings on the bill.

[ View Testimony of Terrence Wheeler ]

[ View Ohio House Bill No. 303 (the Ohio Uniform Mediation Act) ]

[ View the Association for Conflict Resolution's Resolution on the Uniform Mediation Act ]