§ 5716.
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/vt/title-12/chapter-194/5716A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 5716. Waiver and preclusion of privilege
(a)A privilege under section 5715 of this title 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 which prejudices another person in a proceeding is precluded from asserting a privilege under section 5715 of this title 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 conceal an ongoing crime or ongoing criminal activity, may not assert a privilege under section 5715 of this title. (Added 2005, No. 126 (Adj. Sess.), § 1.)