Illinois Compiled Statutes 710 ILCS 35 Uniform Mediation Act. Section 3

    (710 ILCS 35/3)

    Sec. 3. Scope.

    (a) Except as otherwise provided in subsection (b) or (c), this Act applies to a mediation in which:

        (1) the mediation parties are required to mediate by

    statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;

        (2) the mediation parties and the mediator agree to

    mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or

        (3) the mediation parties use as a mediator an

    individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation.

    (b) The Act does not apply to a mediation:

        (1) relating to the establishment, negotiation,

    administration, or termination of a collective bargaining relationship;

        (2) relating to a dispute that is pending under or is

    part of the processes established by a collective bargaining agreement, except that the Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court;

        (3) conducted by a judge who might make a ruling on

    the case; or

        (4) conducted under the auspices of:

            (A) a primary or secondary school if all the

        parties are students; or

            (B) a correctional institution for youths if all

        the parties are residents of that institution.

    (c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Sections 4 through 6 do not apply to the mediation or part agreed upon. However, Sections 4 through 6 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

(Source: P.A. 93-399, eff. 1-1-04.)

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Last modified: February 18, 2015