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

District of Columbia Statutes

§ 16-4204 — Waiver and preclusion of privilege.

District of Columbia·Title 16 Particular Actions, Proceedings and Matters. [Enacted title]·Ch. 42 Mediation; Uniform Act.

(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 .

District of Columbia § 16-4204 (Waiver and preclusion of privilege.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.