2023 Illinois Compiled Statutes › Chapter 710 - ALTERNATIVE DISPUTE RESOLUTION › 710 ILCS 35/ - Uniform Mediation Act.

(710 ILCS 35/1)
Sec. 1. 
		Title. 
		This Act may be cited as the Uniform Mediation Act.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/2)
Sec. 2. 
		Definitions. 
		In this Act:
(1) "Mediation" means a process in which a mediator     facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
(2) "Mediation communication" means 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.
(3) "Mediator" means an individual who conducts a     mediation.
(4) "Nonparty participant" means a person, other than     a party or mediator, that participates in a mediation.
(5) "Mediation party" means a person that     participates in a mediation and whose agreement is necessary to resolve the dispute.
(6) "Person" means an individual, corporation,     business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(7) "Proceeding" means:
(A) a judicial, administrative, arbitral, or         other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or
(B) a legislative hearing or similar process.
(8) "Record" means information that is inscribed on a     tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9) "Sign" means:
(A) to execute or adopt a tangible symbol with         the present intent to authenticate a record; or
(B) to attach or logically associate an         electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.
(Source: P.A. 93-399, eff. 1-1-04.)
(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.)
(710 ILCS 35/4)
Sec. 4. 
		Privilege against disclosure; admissibility; discovery.
(a) Except as otherwise provided in Section 6, a mediation communication is
privileged as
provided in subsection (b) and is not subject to discovery or admissible in
evidence in a proceeding
unless waived or precluded as provided by Section 5.
(b) In a proceeding, the following privileges apply:
(1) A mediation party may refuse to disclose, and may     prevent any other person from disclosing, a mediation communication.
(2) A mediator may refuse to disclose a mediation     communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(3) A nonparty participant may refuse to disclose,     and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
(c) 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.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/5)
Sec. 5. 
		Waiver and preclusion of privilege.
(a) A privilege under Section 4 may be waived in a record or orally during a
proceeding if it is expressly waived by all parties to the mediation and:
(1) in the case of the privilege of a mediator, it is     expressly waived by the mediator; and
(2) in the case of the privilege of a nonparty     participant, it is expressly waived by the nonparty participant.
(b) A person that discloses or makes a representation about a mediation
communication
which prejudices another person in a proceeding is precluded from asserting a
privilege under Section
4, but only to the extent necessary for the person prejudiced to respond to the
representation or disclosure.
(c) A person that intentionally uses a mediation to plan, attempt to commit
or commit a crime, or to conceal an ongoing crime or ongoing criminal activity
is precluded from asserting a privilege under Section 4.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/6)
Sec. 6. 
		Exceptions to privilege.
(a) There is no privilege under Section 4 for a mediation communication
that is:
(1) in an agreement evidenced by a record signed by     all parties to the agreement;
(2) available to the public under the Freedom of     Information Act or made during a session or a mediation which is open, or is required by law to be open, to the public;
(3) a threat or statement of a plan to inflict bodily     injury or commit a crime of violence;
(4) intentionally used to plan a crime, attempt to     commit a crime, or to conceal an ongoing crime or ongoing criminal activity;
(5) sought or offered to prove or disprove a claim or     complaint of professional misconduct or malpractice filed against a mediator;
(6) except as otherwise provided in subsection (c),     sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
(7) sought or offered to prove or disprove abuse,     neglect, abandonment, or  exploitation in a proceeding in which a child or adult protective services agency is a party, unless the case is referred by a court to mediation and a public agency participates.
(b) There is no privilege under Section 4 if a court, administrative agency,
or arbitrator finds, after a hearing in camera, that the party seeking
discovery or the proponent of the evidence has shown that the evidence is not
otherwise available, that there is a need for the evidence that substantially
outweighs the interest in protecting confidentiality, and that the mediation
communication is sought or offered in:
(1) a court proceeding involving a felony; or
(2) except as otherwise provided in subsection (c), a     proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
(c) A mediator may not be compelled to provide evidence of a mediation
communication referred to in subsection (a)(6) or (b)(2).
(d) If a mediation communication is not privileged under subsection (a) or
(b), only the portion of the communication necessary for the application of the
exception from nondisclosure may be admitted. Admission of evidence under
subsection (a) or (b) does not render the evidence, or any other mediation
communication, discoverable or admissible for any other purpose.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/7)
Sec. 7. 
		Prohibited mediator reports.
(a) Except as required in subsection (b), a mediator may not make a report,
assessment, evaluation, recommendation, finding, or other communication
regarding a mediation to a court, administrative agency, or other authority
that may make a ruling on the dispute that is the subject of the mediation.
(b) A mediator may disclose:
(1) whether the mediation occurred or has terminated,     whether a settlement was reached, and attendance;
(2) a mediation communication as permitted under     Section 6; or
(3) a mediation communication evidencing abuse,     neglect, abandonment, or exploitation of an individual to a public agency responsible for protecting individuals against such mistreatment.
(c) A communication made in violation of subsection (a) may not be
considered by a court, administrative agency, or arbitrator.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/8)
Sec. 8. 
		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.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/9)
Sec. 9. 
		Mediator's disclosure of conflicts of interest; background.
(a) Before accepting a mediation, an individual who is requested to serve as
a mediator shall:
(1) make an inquiry that is reasonable under the     circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(2) disclose any such known fact to the mediation     parties as soon as is practical before accepting a mediation.
(b) If a mediator learns any fact described in subsection (a)(1) after
accepting a
mediation, the mediator shall disclose it as soon as is practicable.
(c) At the request of a mediation party, an individual who is requested to
serve as
a mediator shall disclose the mediator's qualifications to mediate a dispute.
(d) A person that violates subsection (a), (b), or (g) is precluded by the
violation from asserting a privilege under Section 4.
(e) Subsections (a), (b), (c), and (g) do not apply to an individual acting
as a judge.
(f) This Act does not require that a mediator have a special
qualification by
background or profession.
(g) A mediator must be impartial, unless after disclosure of the facts
required in
subsections (a) and (b) to be disclosed, the parties agree otherwise.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/10)
Sec. 10. 
		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.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/11)
Sec. 11. 
		
		Relation to Electronic Signatures in Global and National Commerce
Act. This Act modifies, limits, or supersedes the federal Electronic Signatures
in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but this
Act does not modify, limit, or supersede Section 101(c) of that Act or
authorize electronic delivery of any of the notices described in Section 103(b)
of that Act.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/12)
Sec. 12. 
		Uniformity of application and construction. 
		In
applying and construing this Act, consideration must be given to the need
to promote
uniformity of the law with respect to its subject matter among States that
enact it.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/13)
Sec. 13. 
		Severability clause. 
		If any provision of this Act or its
application to any person or circumstance is held invalid, the invalidity does
not affect
other provisions or applications of this Act which can be given effect
without the
invalid provision or application, and to this end the provisions of this
Act are severable.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/16)
Sec. 16. 
		
		Application to existing agreements or
referrals.
(a) This Act governs a mediation pursuant to a referral or an agreement
to mediate made on or after January 1, 2004.
(b) On or after January 1, 2004, this Act governs an agreement to
mediate whenever made.
(Source: P.A. 93-399, eff. 1-1-04.)
(710 ILCS 35/90)
Sec. 90. 
		(Amendatory provisions; text omitted).
(Source: P.A. 93-399, eff. 1-1-04; text omitted.)
(710 ILCS 35/99)
Sec. 99. 
		Effective date. 
		This Act takes effect January 1, 2004.
(Source: P.A. 93-399, eff. 1-1-04.)