(1) The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator.
(2) The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure.
(3) The mediation parties use as a mediator an individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation.
(1) The mediation relates to the establishment, negotiation, administration, or termination of a collective bargaining relationship.
(2) The mediation relates to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that sections 2710.01 to 2710.10 of the Revised Code apply to a mediation arising out of a dispute that has been filed with an administrative agency or court.
(3) The mediation is conducted by a judge or magistrate who might make a ruling on the case.
(4) The mediation is conducted under the auspices of either of the following:
(a) A primary or secondary school if all the parties are students;
(b) A correctional institution for youths if all the parties are residents of that institution.
(C) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under sections 2710.03 , 2710.04 , and 2710.05 of the Revised Code do not apply to the mediation or part agreed upon. However, sections 2710.03 , 2710.04 , and 2710.05 of the Revised Code do apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.
Effective Date: 10-29-2005