Illinois Compiled Statutes 710 ILCS 35/3 – Scope
Current as of: 2024 | Check for updates
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(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
(1) the mediation parties are required to mediate by
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statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator;
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(2) the mediation parties and the mediator agree to
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mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
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(3) the mediation parties use as a mediator an
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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.
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(b) The Act does not apply to a mediation:
(1) relating to the establishment, negotiation,
(1) relating to the establishment, negotiation,
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administration, or termination of a collective bargaining relationship;
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(2) relating to a dispute that is pending under or is
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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;
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(3) conducted by a judge who might make a ruling on
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the case; or
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(4) conducted under the auspices of:
(A) a primary or secondary school if all the
(A) a primary or secondary school if all the
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parties are students; or
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(B) a correctional institution for youths if all
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the parties are residents of that institution.
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(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.