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.