Sec. 9. Mediator's disclosure of conflicts of interest; background.

238 words·~1 min read·/il/chapter-710/act-35/9

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.