Ill. Admin. Code tit. 83, § 201.250 – Privilege Against Disclosure; Admissibility; Discovery | Midpage
§ 201.250
Ill. Admin. Code tit. 83, § 201.250
Privilege Against Disclosure; Admissibility; Discovery
AUTHORITY: Implementing and authorized by Section 10-101.1 of the Public Utilities Act [220 ILCS 5/10-101.1].ILLINOIS COMMERCE COMMISSION
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]