Are Illinois mediation communications confidential?

Yes. Illinois mediation confidentiality is governed by the Illinois Uniform Mediation Act (IUMA), 710 ILCS 35/, which Illinois adopted in 2003. The IUMA provides a comprehensive confidentiality framework: mediation communications are privileged and not subject to disclosure in judicial or administrative proceedings. The privilege is held by the parties, the mediator, and any nonparty participants. The IUMA provides several exceptions to confidentiality: a written agreement to waive the privilege signed by all privilege holders; communications that are otherwise admissible or discoverable outside of mediation; communications that evidence abuse or neglect of a child or adult; communications that constitute a crime or are used to commit a crime; communications that are relevant to a claim or complaint against the mediator; and communications in a proceeding to enforce or rescind a mediated settlement agreement. The IUMA also provides that a mediator may not be compelled to testify about mediation communications in any proceeding. Illinois's adoption of the UMA provides a more comprehensive and consistent confidentiality framework than states that rely solely on common law or contractual confidentiality.