Ill. R. Cir. Ct. McHenry Cnty. 18.07

As amended through September 23, 2024

Rule 18.07 - CONFIDENTIALITY AND PRIVILEGE

A.Privacy of Sessions. Privacy of mediation sessions shall be consistent with the provisions of the Uniform Mediation Act. Except as otherwise provided in this rule or as consistent with the provisions of the Uniform Mediation Act, the mediator shall have authority to recommend to the parties that good faith negotiations indicate that mediation is limited to only the parties (and to their counsel if either party or both parties which to have their lawyers present).

B.Confidentiality. Except as otherwise provided by law or Article 18.05(D) and (E), all written and verbal communications made in a mediation session conducted pursuant to these rules are confidential. They may not be disclosed by the mediator, any other participant, or observer of the mediation except by the parties to their attorneys.

C.Evidentiary Privilege. Privilege and exceptions to privilege shall be as is set forth in the Uniform Mediation Act. Either party's lawyer has the right to be present during mediation, or it is recognized that the mediator may discuss with the attorneys the progress and impediments to progress in mediation. However, in no way shall any such disclosure be deemed to waive the privileged nature of any of the discussions and communications made within the scope of the mediation process.

Ill. R. Cir. Ct. McHenry Cnty. 18.07