Ohio Code 2712.80 – Evidence and documents admissibility and disclosure
When persons agree to participate in conciliation under this chapter, all of the following apply:
Terms Used In Ohio Code 2712.80
- Arbitral tribunal: means a sole arbitrator or a panel of arbitrators. See Ohio Code 2712.01
- Arbitration: means any arbitration, whether or not administered by a permanent arbitral institution. See Ohio Code 2712.01
- Conciliation: means any conciliation, whether or not administered by a permanent conciliation institution. See Ohio Code 2712.01
- Court: means a body or an organ of the judicial system of a state. See Ohio Code 2712.01
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(A) Evidence of anything said or of any admission made in the course of the conciliation is not admissible in evidence, and disclosure of any such evidence shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given. However, this division does not limit the admissibility of evidence if all parties participating in conciliation consent to its disclosure.
(B) If any such evidence is offered in contravention of this section, the arbitral tribunal or the court shall make any order that it considers to be appropriate to deal with the matter, including orders restricting the introduction of evidence, or dismissing the case without prejudice.
(C) Unless the document provides otherwise, no document prepared for the purpose of, in the course of, or pursuant to the conciliation or any copy of it, is admissible in evidence, and disclosure of the document shall not be compelled, in any arbitration or civil action in which, pursuant to law, testimony may be compelled to be given.