South Dakota Codified Laws
Chapter 13A - Uniform Mediation Act
Section 19-13A-5 - Waiver and preclusion of privilege.

19-13A-5. Waiver and preclusion of privilege.
(a) A privilege under §19-13A-4 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 that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under §19-13A-4, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(c) 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 §19-13A-4.

Source: SL 2008, ch 286 (Supreme Court Rule 07-07), eff. Jan. 1, 2008.

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