TITLE 9

EVIDENCE

CHAPTER 8

UNIFORM MEDIATION ACT

9-805.  Waiver and preclusion of privilege. (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.

History:

[9-805, added 2008, ch. 35, sec. 1, p. 69.]