TITLE 83: PUBLIC UTILITIES
CHAPTER I: ILLINOIS COMMERCE COMMISSION
SUBCHAPTER b: PROVISIONS APPLICABLE TO MORE THAN ONE KIND OF UTILITY
PART 201 VOLUNTARY MEDIATION PRACTICE
SECTION 201.20 DEFINITIONS


 

Section 201.20  Definitions

 

The following terms as used in this Part shall have the following meanings:

 

                        "Act" means the Public Utilities Act [220 ILCS 5].

 

"Mediation" means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. (Section 2(1) of the Uniform Mediation Act [710 ILCS 35/2(1)]

 

"Mediation communications" means any documents of every kind and nature, including work papers, photographs, films, recordings, memoranda, books, records, accounts, all recoverable information in computer storage, including the original and non-identical copies and drafts of all recorded or graphic matter whatsoever, whether in written, electronic or other format, and any oral communications of every kind and nature, where such mediation communications have been exchanged, shared or divulged in the context of "mediation" as that term is defined in this Section.

 

"Mediation participant" means an interested person whose rights or interests would be affected by a dispute and who participates in a mediation pursuant to this Part.

 

"Mediator" means an independent neutral third party or trained member of Commission staff who acts in a non-judicial capacity to facilitate communication, promote understanding, focus the mediation participants on their interests, and seek creative problem solving to enable the mediation participants to reach their own resolution of the dispute.

 

"Party" shall have the same meaning as it does in 83 Ill. Adm. Code 200.40.

 

"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. [710 ILCS 35/2(6)]

 

"Proceeding" means any judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; and also any legislative hearing or similar process.