Sec. 5. Waiver and preclusion of privilege.
155 words·~1 min read·
/il/chapter-710/act-35/5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.