Illinois Compiled Statutes 710 ILCS 35/4 – Privilege against disclosure; admissibility; discovery
Current as of: 2023 | Check for updates
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(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
(b) In a proceeding, the following privileges apply:
Terms Used In Illinois Compiled Statutes 710 ILCS 35/4
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(1) A mediation party may refuse to disclose, and may
prevent any other person from disclosing, a mediation communication.
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(2) A mediator may refuse to disclose a mediation
communication, and may prevent any other person from disclosing a mediation communication of the mediator.
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(3) A nonparty participant may refuse to disclose,
and may prevent any other person from disclosing, a mediation communication of the nonparty participant.
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(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.