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 201.250 PRIVILEGE AGAINST DISCLOSURE; ADMISSIBILITY; DISCOVERY


 

Section 201.250  Privilege Against Disclosure; Admissibility; Discovery

 

a)         Except as otherwise provided in Section 201.252, mediation communications, including notes and writings, are privileged as provided in subsection (b) and are not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Section 201.251.

 

b)         In a proceeding, the following privileges apply:

 

1)         A mediation participant may refuse to disclose, and may prevent any other person from disclosing, a mediation communication.

 

2)         A mediator may refuse to disclose a mediation communication, and may prevent any other person from disclosing a mediation communication of the mediator.

 

c)         Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation. [710 ILCS 35/4]