Waiver And Preclusion Of Privilege

TITLE 9 EVIDENCE CHAPTER 8 UNIFORM MEDIATION ACT 9-805. Waiver and preclusion of privilege. (1) A privilege under section 9-804 , Idaho Code, may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and: (a)  In the case of the privilege of a mediator, it is expressly waived by the mediator; and (b)  In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant. (2)  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 9-804 , Idaho Code, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure. (3)  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 9-804 , Idaho Code.