[§658H-5] Waiver and preclusion of privilege.
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/hi/658h-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
[§658H-5] Waiver and preclusion of privilege.
(a)A privilege under section 658H-4 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:
(1)In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(2)In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(b)A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 658H-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(c)A person who 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 658H-4. [L 2013, c 284, pt of §1]