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Proceed


4-10. Confidentiality


All materials exchanged and statements made as part of the mediation process conducted pursuant to these rules are confidential.  The Court recognizes that Illinois’ Mediation Act conflicts with this aspect of the rules.  Any mediation conducted under the auspices of this ADR Mediation Program govern, not the Illinois statute.

 

Commentary

See, Fed. R. Evid. 408; 28 U.S.C. § 652(d).  Full and candid discussion is essential to successful resolutions in mediation.  Such discussion is best supported by an assurance that mediation communications will be held in strictest confidence.  The law may provide some limited circumstances in which the need for disclosure outweighs the importance of protecting the confidentiality of a mediation, e.g., threats of death or substantial bodily injury (see OR. Rev. Stat. Section 36.220(6); use of mediation to commit a felony (see Colo. Rev. Stat. Section 13-22-307); right to effective cross examination in a quasi-criminal proceeding (see Rinaker v. Superior Court, 62 Cal. App 4th 155 (3d. Dist. 1998)); lawyer duty to report misconduct (see In re Waller, 573 A.2d 780 (D.C. App. 1990)).


Note: The court does not control nor can it guarantee the accuracy, relevance, timeliness, or completeness of this information. Neither is it intended to endorse any view expressed nor reflect its importance by inclusion in this site.
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