{"data":{"id":"us-il/710-ilcs-35-5","jurisdiction":"us-il","citation":"710 ILCS 35/5","heading":"Waiver and preclusion of privilege.","body":"(a) A privilege under Section 4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:\n(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and\n(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.\n(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 4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.\n(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 4.","path":["CHAPTER 710 ALTERNATIVE DISPUTE RESOLUTION","Uniform Mediation Act."],"source_url":"https://www.ilga.gov/legislation/ILCS/details?ActID=2489\u0026ChapterID=51\u0026ChapAct=FullText\u0026Print=True","current_through":"at least Public Act 104-790","vintage":"","retrieved_at":"2026-09-15T04:46:41Z","sha256":"769febd7b5051e3136a7e052f384d0e75160afb8ef0e8fd6c56539af223dab9a","source_id":"us-il","stale":false,"prev":"us-il/710-ilcs-35-4","next":"us-il/710-ilcs-35-6"},"notice":"GroundRules: Original legal text. Not legal advice."}