District of Columbia § 16-4204 Waiver and preclusion of privilege.

District of Columbia Statutes

§ 16-4204 — Waiver and preclusion of privilege.

District of Columbia § 16-4204

Title 16Particular Actions, Proceedings and Matters. [Enacted title]

Ch. 42Mediation; Uniform Act.

This text of District of Columbia § 16-4204 (Waiver and preclusion of privilege.) is published on Counsel Stack Legal Research, covering District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.C. Code § 16-4204 (2026).

Text

(a)A privilege under § 16-4203 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 § 16-4203 , 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

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(a) A privilege under § 16-4203 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 § 16-4203 , 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 § 16-4203 .