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Settlement Agreements May Not Be Protected as Mediation Communications

In the case Smith v. OSU Office of Univ. Compliance & Integrity, 2020-Ohio-5593, the Court of Claims of Ohio held that the university’s compliance office violated a R.C. 149.43(A)(1) by failing to turn over a settlement agreement sought in a public records request, and failing to timely provide an explanation to the requester.

In this case, the compliance office asserted a federal local rule prohibited releasing such agreements to the public. The Court of Claims disagreed.

The local rule prohibits disclosure of mediation communications. The Court found the settlement agreement was not a mediation communication and did not fall within an exception which would prohibit disclosure of the document.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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