Outline of the Uniform Mediation Act - Illinois P. A. 93-0399
There is a privilege for a "mediation communication" [a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator]. (Sec. 4)
The Act applies to any of the mediations in which the mediation parties:
The Act does not apply to a mediation:
In a proceeding, the following privileges apply:
The above privileges may be expressly waived by all parties to the mediation and:
A person is precluded from asserting a privilege:
There is no privilege for a mediation communication that is:
There is no privilege for a mediation communication under Sec. 4 if a court, administrative agency or arbitrator finds:
Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. (Sec. 4 (c))
In a report, a mediator may disclose only:
Confidentiality: Unless subject to the Open Meetings Act or the Freedom of Information Act, mediation communications are confidential to the extent agreed by the parties or provided by other law or rule of this State. (Sec. 8)
Mediator's disclosure of conflicts of interest; background:
Participation in mediation: An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. (Sec. 10)
Act effective January 2004.
Outline prepared by Roberta Fertel, J.D. '03, and Suzanne Schmitz. This outline should not substitute for your reading of the act and your attention to cases interpreting the Act.
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