9-805. Waiver and preclusion of privilege.
157 words·~1 min read·
/id/title-9-evidence/chapter-8-uniform-mediation-act/9-805·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.