2006 Ohio Revised Code - 2710.04. Waiver and preclusion of privilege.

§ 2710.04. Waiver and preclusion of privilege.
 

(A)  A privilege under section 2710.03 of the Revised Code may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and by whichever of the following is applicable: 

(1) In the case of the privilege of a mediator, it is expressly waived by the mediator. 

(2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. 

(B)  A person that discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 2710.03 of the Revised Code, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. 

(C)  A person that intentionally uses a mediation to plan, attempt to commit, or commit a crime or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 2710.03 of the Revised Code. 
 

HISTORY: 150 v H 303, § 1, eff. 10-29-05.
 

The effective date is set by section 5 of H.B. 303 (150 v  - ). 

See provisions of §§ 3, 4, and 6 of H.B. 303 (150 v  - ) following RC § 2710.01.