Illinois 93rd Regular Session Status: Passed Senate

SB 278 — UNIFORM MEDIATION ACT

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Uniform Mediation Act. Sets forth the scope of mediation to which the Act applies. Provides that a mediation communication is privileged. Creates exceptions. Provides that the privilege can be waived if all parties agree. Prohibits a mediator from reporting certain information concerning a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. Provides that mediation communications are confidential. Requires a mediator to disclose any conflict of interest. Provides that the Act is severable. Amends the Condominium Property Act. Provides that the Uniform Mediation Act shall govern all mediations under the Condominium Property Act. Effective January 1, 2004.

Bill Text

What changed in the latest version

11 added · 11 removed

Plain-language change summary

The latest version of Bill SB 278 includes a change that specifies "all the parties are residents of that institution" instead of "all the parties are residents that institution." Additionally, it standardizes the terminology by changing "States" to "states" in a different context. These changes clarify the bill's intent and ensure consistent language throughout, which is important for reducing confusion and ensuring proper implementation.

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Latest
093_SB0278 LRB093 04195 LRD 04239 b AN ACT concerning mediation.
SB278 Engrossed LRB093 04195 LRD 04239 b AN ACT concerning mediation.
-2- LRB093 04195 LRD 04239 b (A) a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;
SB278 Engrossed -2- LRB093 04195 LRD 04239 b (A) a judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery;
(1) relating to the establishment, negotiation, administration, or termination of a collective bargaining -3- LRB093 04195 LRD 04239 b relationship;
(1) relating to the establishment, negotiation, administration, or termination of a collective bargaining SB278 Engrossed -3- LRB093 04195 LRD 04239 b relationship;
or (B) a correctional institution for youths if all the parties are residents that institution.
or (B) a correctional institution for youths if all the parties are residents of that institution.
(2) A mediator may refuse to disclose a mediation -4- LRB093 04195 LRD 04239 b communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(2) A mediator may refuse to disclose a mediation SB278 Engrossed -4- LRB093 04195 LRD 04239 b communication, and may prevent any other person from disclosing a mediation communication of the mediator.
(1) in an agreement evidenced by a record signed by -5- LRB093 04195 LRD 04239 b all parties to the agreement;
(1) in an agreement evidenced by a record signed by SB278 Engrossed -5- LRB093 04195 LRD 04239 b all parties to the agreement;
or (2) except as otherwise provided in subsection (c), -6- LRB093 04195 LRD 04239 b a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
or (2) except as otherwise provided in subsection (c), SB278 Engrossed -6- LRB093 04195 LRD 04239 b a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
-7- LRB093 04195 LRD 04239 b Section 8.
SB278 Engrossed -7- LRB093 04195 LRD 04239 b Section 8.
(g) A mediator must be impartial, unless after -8- LRB093 04195 LRD 04239 b disclosure of the facts required in subsections (a) and (b) to be disclosed, the parties agree otherwise.
(g) A mediator must be impartial, unless after SB278 Engrossed -8- LRB093 04195 LRD 04239 b disclosure of the facts required in subsections (a) and (b) to be disclosed, the parties agree otherwise.
In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among States that enact it.
In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
-9- LRB093 04195 LRD 04239 b Section 90.
SB278 Engrossed -9- LRB093 04195 LRD 04239 b Section 90.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Third Reading/Final Action Deadline Extended-9(b) May 31, 2003

  4. Committee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003

  5. Placed on Calendar Order of 3rd Reading - Short Debate

  6. Second Reading - Short Debate

  7. Placed on Calendar 2nd Reading - Short Debate

  8. Do Pass / Short Debate Judiciary I - Civil Law Committee; 018-000-000

  9. Assigned to Judiciary I - Civil Law Committee

  10. Referred to Rules Committee

  11. First Reading

  12. Chief House Sponsor Rep. James D. Brosnahan

  13. Placed on Calendar Order of First Reading

  14. Arrived in House

  15. Third Reading - Passed; 055-000-000

  16. Placed on Calendar Order of 3rd Reading March 24, 2003

  17. Second Reading

  18. Placed on Calendar Order of 2nd Reading March 18, 2003

  19. Do Pass Judiciary; 008-000-000

  20. Postponed - Judiciary

  21. Assigned to Judiciary

  22. Referred to Rules

  23. First Reading

  24. Filed with Secretary by Sen. John J. Cullerton

Sponsors

  • John J. Cullerton · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • John J. Cullerton

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 55 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 48003
Democrat 7000
Republican 0001
Total 55004
% of votes cast 93%0%0%7%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Sieben — Yea
Silverstein — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Cronin — Yea
Halvorson — Yea
Hendon — Yea
Lauzen — Yea
Link — Yea
Luechtefeld — Yea
Jacobs — Yea
Jones, J. — Yea
Maloney — Yea
Jones, W. — Yea
Meeks — Yea
Watson — Yea
Cullerton — Yea
Demuzio — Yea
Philip — Not Voting
Schoenberg — Yea
Sullivan, D. — Not Voting
Brady — Not Voting
Shadid — Yea
Trotter — Yea
Viverito — Yea
Clayborne — Yea
Crotty — Yea
DeLeo — Yea
Dillard — Yea
Garrett — Yea
Geo-Karis — Yea
Winkel — Yea
Wojcik — Yea
Woolard — Yea
Obama — Yea
Munoz — Yea
Sullivan, J. — Yea
Petka — Yea
Haine — Yea
Peterson — Yea
Radogno — Yea
Rauschenberger — Yea
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Not Voting

Official roll call →

Subjects

civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 278 do?
Creates the Uniform Mediation Act. Sets forth the scope of mediation to which the Act applies. Provides that a mediation communication is privileged. Creates exceptions. Provides that the privilege can be waived if all parties agree. Prohibits a mediator from reporting certain information concerning a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. Provides that mediation communications are confidential. Requires a mediator to disclose any conflict of interest. Provides that the Act is severable. Amends the Condominium Property Act. Provides that the Uniform Mediation Act shall govern all mediations under the Condominium Property Act. Effective January 1, 2004.
Who sponsors SB 278?
SB 278 is sponsored by John J. Cullerton.
What is the current status of SB 278?
This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 278?
Track SB 278 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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