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.]
Structure Idaho Code
Chapter 8 - UNIFORM MEDIATION ACT
Section 9-804 - PRIVILEGE AGAINST DISCLOSURE — ADMISSIBILITY — DISCOVERY.
Section 9-805 - WAIVER AND PRECLUSION OF PRIVILEGE.
Section 9-806 - EXCEPTIONS TO PRIVILEGE.
Section 9-807 - PROHIBITED MEDIATOR REPORTS.
Section 9-808 - CONFIDENTIALITY.
Section 9-809 - MEDIATOR’S DISCLOSURE OF CONFLICTS OF INTEREST — BACKGROUND.
Section 9-810 - PARTICIPATION IN MEDIATION.
Section 9-811 - INTERNATIONAL COMMERCIAL MEDIATION.
Section 9-812 - RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
Section 9-813 - UNIFORMITY OF APPLICATION AND CONSTRUCTION.
Section 9-814 - APPLICATION TO EXISTING AGREEMENTS OR REFERRALS.