Illinois Confidentiality of Mediation is a policy that provides protection to the parties involved in mediation proceedings and the mediator. It ensures that confidential information shared during mediation is not revealed to the public. There are two types of Illinois Confidentiality of Mediation: the General Rule, which applies to all mediation proceedings, and the Statutory Rule, which applies to certain types of mediation proceedings. Under the General Rule, any communication, work product, or other information disclosed during mediation that would otherwise be discoverable is confidential and cannot be disclosed to any third party unless all parties involved in the mediation agree to do so. The Statutory Rule applies to divorce, family law, and child custody proceedings. Under this rule, confidential statements made by the parties during the mediation process cannot be disclosed in court without the consent of all parties involved.
Illinois Confidentiality of Mediation
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How to fill out Illinois Confidentiality Of Mediation?
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Some of the statutory exceptions include (1) when disclosure is necessary for criminal prosecution; (2) when necessary to prove coercion or fraud that led to the mediated settlement; (3) in order to establish the existence or terms of a settlement agreement; and (4) when necessary to impose sanctions or to discipline
¶ (c) All communications, negotiations, or settlement discussions by and between participants in the course of a mediation or a mediation consultation shall remain confidential.? A party cannot, however, utilize mediation to protect from discovery otherwise discoverable evidence.
Typically, anything that gets said at mediation will be considered confidential. This is particularly important when it comes to monetary negotiations. However, in addition to the numbers exchanged, and statements made at mediation, any documents submitted, or evidence relied upon, will also be confidential.
Confidentiality is at the heart of a mediation session and is critical to a successful resolution. The parties must be assured that they can share sensitive information at the session, where it is necessary to see that their true needs and interests may be met, without fear of subsequent disclosure to their detriment.
(1) Confidentiality: The proceedings are confidential both as between the parties and as between the parties and the mediator. As a result even if the parties agree that matters can be referred to outside the mediation, the mediator can enforce the confidentiality provision.
A confidential mediation statement, on the other hand, provides an opportunity to clearly assert your client's strengths and the other side's weaknesses without having to pull your punches, enabling you to telegraph to the mediator the arguments about which you are most confident.
As noted above, the heart of the mediation privilege is confidentiality. Essentially, by statute, the only statement or writing made in connection with mediation which can be disclosed without the express consent of both parties is the agreement reached during the mediation itself.