Ill. Admin. Code tit. 83 § 201.251

Current through Register Vol. 48, No. 20, May 17, 2024

Section 201.251 - Waiver and Preclusion of Privilege

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 ]

Ill. Admin. Code tit. 83, § 201.251