Ill. Admin. Code tit. 83, § 201.251 - Waiver and Preclusion of Privilege
Current through Register Vol. 46, No. 15, April 8, 2022
a) A privilege under Section
201.250
may be waived in a record or orally during a proceeding if it is expressly
waived by all participants to the mediation, and in the case of the privilege
of a mediator, if it is expressly waived by the mediator.
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 201.250,
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 201.250. [710 ILCS
35/5 ]
Notes
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