## Facts

- Tom Schneider and his former spouse divorced and entered a shared parenting agreement.
- Criminal charges were filed against Schneider for alleged violations of the agreement, and the matter was referred to the Hamilton County Municipal Court Private Complaint Mediation Service.
- In this court-connected mediation process, parties may sign and file a “Statement of Voluntary Settlement” reflecting resolution, but they do not execute a detailed written agreement.
- The mediator also completes a “Preliminary Complaint Form” describing allegations, party information, disposition, possible future action if the agreement is breached, and the mediator’s personal observations; the form is not shown to or signed by the parties.
- After mediation, Schneider requested the entire mediation file, including the Preliminary Complaint Form.
- Cathleen Kreiner, the Mediation Service Director, denied access to the mediation file but offered copies of documents filed with the clerk (including the Statement of Voluntary Settlement and a disposition report).

## Issues

1. Whether the Preliminary Complaint Form and mediation file were subject to disclosure as “public records” under Ohio’s Public Records Act, R.C. 149.43, or exempt as “mediation communications” under R.C. 2317.023(B).
2. Whether Schneider satisfied the elements for mandamus by showing a clear legal right to the requested records and a corresponding clear legal duty to disclose them, with no adequate remedy at law.
3. Whether attorney fees were available if disclosure was denied based on a statutory exemption.

## Decision

- The Supreme Court of Ohio denied the writ of mandamus.
- The court held the Preliminary Complaint Form constituted a “mediation communication” exempt from disclosure under R.C. 2317.023(B).
- Because the requested record was exempt, Schneider lacked a clear legal right to obtain it and Kreiner had no clear legal duty to disclose it.
- The court denied Schneider’s request for attorney fees.

## Legal Principles

- Ohio’s Public Records Act requires disclosure of public records unless an exception applies.
- Records specifically exempted from release by state or federal law are not subject to compelled disclosure under the Public Records Act.
- R.C. 2317.023(B) exempts “mediation communications” from disclosure, including mediator-created materials generated in the course of mediation that contain summaries, disposition-related content, and evaluative observations.
- Mandamus to compel record disclosure requires a clear legal right, a clear legal duty, and no adequate remedy in the ordinary course of law; an applicable statutory exemption defeats the clear-right and clear-duty requirements.
- Attorney fees are not awarded when the respondent properly withholds records pursuant to a statutory exemption.

## Conclusion

The Ohio Supreme Court refused to compel disclosure of a mediator’s internal Preliminary Complaint Form because it was a confidential mediation communication exempt from the Public Records Act, making mandamus and attorney fees unavailable.


State ex rel. Schneider v. Kreiner, 83 Ohio St. 3d 203, 699 N.E.2d 83 (Ohio 1998)