19-13A-5. Waiver and preclusion of privilege.

150 words·~1 min read·/sd/title-19/chapter-19-13/19-13a-5

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A privilege under § 19-13A-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 that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under § 19-13A-4 , but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.

(c)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 § 19-13A-4 .