21.07 Confidentiality of Communications to Mediator
(A) General Rule of Mediator Confidentiality
All oral and written communications with the mediator will be deemed confidential and privileged in accordance with the Uniform Mediation Act, 710 ILCS 35/1, et seq. All such communications shall be exempt from discovery and inadmissible as evidence in any action or proceeding. But, evidence that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its use in a mediation session.
(B) Privilege against Disclosure, Waiver and Preclusion of Privilege, and Exceptions to the Privilege
The privilege against disclosure, the waiver and preclusion of privilege, and the exceptions to the privilege will be governed in accordance with the Uniform Mediation Act, 710 ILCS 35/1, et seq.
(C) Exceptions to General Rule of Mediator Confidentiality
The general rule of confidentiality does not apply:
(1) In situations where professional misconduct reporting rules, such as the Illinois Rules of Professional Conduct, require reporting of a mediation communication;
(2) As necessary to defend against a lawsuit or claim for malpractice or other misconduct; or
(3) In the case of a threat of a prospective crime or of serious imminent harm to any person.
In these circumstances, the reporting party may testify to or report only the necessary information to the appropriate authorities. The mediator will not be compelled to provide evidence of a mediation communication in any lawsuit or claim against an attorney or party participating in the mediation.
(D) Disputes Regarding Settlement Agreements
In the event of a dispute over a settlement agreement, a party may move the court to enforce the settlement agreement. Parties to the mediation may waive confidentiality to the extent necessary to testify at the hearing. The mediator may testify only in accordance with the Uniform Mediation Act, 710 ILCS 35/1,
et seq.
[Dated July 29, 2013, effective August 1, 2013.]