(a) Except as otherwise provided in subsection (b) or (c), this Act applies to a mediation in which: (1) the mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; (2) the mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or (3) the mediation parties use as a mediator an individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation. (b) The Act does not apply to a mediation: (1) relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship; (2) relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that the Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court; (3) conducted by a judge who might make a ruling on the case; or (4) conducted under the auspices of: (A) a primary or secondary school if all the parties are students; or (B) a correctional institution for youths if all the parties are residents of that institution. (c) If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Sections 4 through 6 do not apply to the mediation or part agreed upon. However, Sections 4 through 6 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made. statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or individual who holds himself or herself out as a mediator, or the mediation is provided by a person that holds itself out as providing mediation. administration, or termination of a collective bargaining relationship; part of the processes established by a collective bargaining agreement, except that the Act applies to a mediation arising out of a dispute that has been filed with an administrative agency or court; the case; or parties are students; or the parties are residents of that institution.
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