RCW 7.07.040
157 words·~1 min read·
/wa/title-7/chapter-7-07/7-07-040·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A privilege under RCW 7.07.030 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 RCW 7.07.030 , 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 RCW 7.07.030 .
[ 2005 c 172 s 5 .]