679C.105 Waiver and preclusion of privilege.
1. A privilege under section 679C.104 may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and if all of the following apply:
a. In the case of the privilege of a mediator, the privilege is expressly waived by the mediator.
b. In the case of the privilege of a nonparty participant, the privilege 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 679C.104, but only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
3. A person that intentionally uses a mediation to plan, to attempt to commit, or to commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege pursuant to section 679C.104.
2005 Acts, ch 68, §10
Referred to in §679C.103, 679C.104
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Section 679C.101 - Short title.
Section 679C.102 - Definitions.
Section 679C.104 - Privilege against disclosure — admissibility — discovery.
Section 679C.105 - Waiver and preclusion of privilege.
Section 679C.106 - Exceptions to privilege.
Section 679C.107 - Prohibited mediator reports.
Section 679C.108 - Confidentiality.
Section 679C.109 - Mediator’s disclosure of conflicts of interest — background.
Section 679C.110 - Participation in mediation.
Section 679C.111 - Relation to Electronic Signatures in Global and National Commerce Act.
Section 679C.112 - Uniformity of application and construction.
Section 679C.113 - Severability clause.
Section 679C.114 - Application to existing agreements or referrals.