NCJ Number
84075
Journal
Capital University Law Review Volume: 11 Issue: 2 Dated: (Winter 1981) Pages: 181-213
Date Published
1981
Length
33 pages
Annotation
A recurring problem in existing mediation programs is the uncertain nature of the confidentiality of such proceedings; legislation to provide for confidentiality in Ohio is proposed.
Abstract
Mediation programs for the resolution of minor criminal disputes are a needed addition to an overcrowded court system. The Night Prosecutor Program (NPP) of Columbus, Ohio, serves as a model for the use of mediation in criminal cases. The program supplements the system by focusing on underlying problems as well as the criminal incident in dispute. However, unlike established medical malpractice panel programs and divorce mediation programs, little has been done to ensure confidentiality of the records and proceedings. Reliance by analogy to labor mediation and the Federal Rules of Evidence provide some protection, but more often good relations with the local bench and bar are the primary means of ensuring confidentiality. Statutory protection for the confidentiality of NPP-type programs is essential for Ohio to protect the individual's constitutional rights. Key elements of the proposed legislation are confidentiality for the mediation subject matter, the requirement of written consent by all parties, and the broad scope of the definition of information. A similar statute is currently in effect in New York, and its passage is recommended. The article includes 214 footnotes.