Albers v. Lyon

Citations

• 2026 Ohio 209

Syllabus

AMENDMENT – DISCOVERY – MEDIATION – PRIVILEGE – PROTECTIVE ORDER – R.C. 2710.04 – R.C. 2710.05 – WAIVER: The trial court's refusal to allow plaintiffs-appellants to amend their complaint was not an abuse of discretion because the motion to amend was not timely, and the information plaintiffs-appellants sought to amend was information that the trial judge relied on in granting a protective order. Where the fact that an informal mediation had occurred was a pleaded to and admitted fact, and where plaintiffs did not sufficiently preserve their open court argument for appellate review, the trial court did not abuse its discretion in granting a protective order on the grounds that the mediation privilege protected certain statements from discovery. The trial court did not err in finding that defendants-appellees did not waive the mediation privilege where defendants-appellees did not expressly waive the privilege.