How is confidentiality handled in Ohio mediation sessions?

On Behalf of | Feb 12, 2026 | Divorce

Mediation gives you a private place to work through a dispute without going to court. You may worry about whether your words could show up later in a hearing. Ohio law sets clear rules that protect what you say during mediation and limit how others can use it.

Ohio law protects what you say in mediation

Ohio Revised Code Chapter 2710 follows the Uniform Mediation Act. The law defines a “mediation communication” as a statement—spoken, written, or even nonverbal—that happens during mediation or relates to it. Under Ohio Revised Code § 2710.03, these communications have privilege. That means a court generally cannot require you to share them, and lawyers cannot use them as evidence.

You and the mediator control the privilege 

Ohio Revised Code § 2710.04 explains who controls this protection. Each party in mediation may refuse to disclose a mediation communication and may stop others from disclosing it. The mediator also may refuse to testify or share details about the session. If you want to waive the privilege, you must follow the rules in the statute.

Some exceptions apply 

Ohio Revised Code § 2710.05 lists specific exceptions. The privilege does not apply to a signed written agreement reached in mediation. A court may also allow disclosure if someone makes a threat of bodily harm, plans a crime, or if all parties agree in writing to share the information. These limits help balance privacy with public safety and fairness.

What this means for your agreement

Your conversations in mediation stay protected, but a final agreement works differently. If you file a signed settlement agreement with the court, it may become part of the public record under court rules. When you understand this difference, you can speak openly in mediation and review your final agreement with care before signing.