Ohio ex rel. Schneider v. Kreiner

In 1994, Tom Schneider (plaintiff) and his wife divorced and entered a parenting agreement concerning their two children. Later, criminal charges were filed against Schneider for violating the agreement. The criminal case was referred to the county’s Private Complaint Mediation Service (the mediation service), which was available for certain kinds of cases. For mediations referred to the mediation service, the mediator would listen to each party’s position, make suggestions, and try to help the parties reach an agreement on the issues. Mediators would also complete a preliminary complaint form that was not publicly filed but was maintained in the case file. On the form, the mediator was able to note various information, including the allegations, disposition, and mediator’s comments, which could include personal observations. The mediator in the Schneider case, Cathleen Kreiner (defendant) completed a preliminary complaint form. Schneider and his ex-wife agreed to take certain actions in resolution of their dispute, signed a statement of voluntary settlement, and filed the statement. In exchange, the criminal charges against Schneider were dismissed. Thereafter, Schneider requested a copy of the entire mediation file from Kreiner, including the preliminary complaint form. Kreiner denied access to the form, and Schneider filed a petition for writ of mandamus to compel production of it. Schneider argued that he needed the form to protect himself from potential future criminal liability, while Kreiner argued that the form was a confidential mediation communication that could not be disclosed in a civil proceeding.