NCJ Number
105087
Journal
Ohio State Journal on Dispute Resolution Volume: 2 Issue: 1 Dated: (Fall 1986) Pages: 121-130
Date Published
1986
Length
10 pages
Annotation
The mediation legislation proposed here represents a blend of the ideas presented at a May 1986 symposium sponsored by the Ohio Journal on Dispute Resolution, suggestions from the symposium participants, and the legislative efforts of other jurisdictions.
Abstract
The eight proposals are grouped into three categories: (1) agreements to mediate, mediated agreements, and their enforceability; (2) the mediator's liability to the parties; and (3) confidentiality in the mediation process. One proposal would make all written agreements enforceable. One of the two liability proposals states that courts should make case-by-case determinations of liability based on traditional legal analysis. The other makes mediators liable for acting in bad faith. One proposed law on confidentiality would modify Federal Rule of Evidence 408. The other would guarantee confidentiality except when both parties agree. Otherwise, the communication involves the contemplation of a future crime or harmful act, or the communication indicates that a minor child was or is the suspected victim of child abuse. The names of the symposium participants endorsing or rejecting all or part of each proposal are included. Appendix lists names and professional positions of the participants.