After the parties signed a term sheet in mediation to resolve a class action, one side tried to prevent the document from being introduced in court based on a mediation confidentiality agreement, but a federal trial court concluded that if a full settlement had been reached the term sheet would be admissible regardless of the confidentiality agreement, and the court could review the document to make that determination.  The court noted that neither the U.S. Court of Appeals for the Seventh Circuit nor the U.S. District Court for the Northern District of Illinois has recognized a federal mediation privilege.
Craftwood Lumber Co. v Interline Brands, Inc., No. 11 C 4462 (U.S.D.C. N.D. Ill., April 9, 2014)

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