Sec. 3. Scope.

299 words·~1 min read·/il/chapter-710/act-35/3

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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.