Utah § 78B-10-105 Waiver and preclusion of privilege.

Utah Statutes

§ 78B-10-105 — Waiver and preclusion of privilege.

Utah § 78B-10-105

Title 78BJudicial Code

Ch. 78B-10Utah Uniform Mediation Act

This text of Utah § 78B-10-105 (Waiver and preclusion of privilege.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 78B-10-105 (2026).

Text

(1)A privilege under Section 78B-10-104 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and:

(1)(a) in the case of the privilege of a mediator, it is expressly waived by the mediator; and

(1)(b) in the case of the privilege of a nonparty participant, it 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 78B-10-104, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.

(3)A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing c

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(1) A privilege under Section 78B-10-104 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation, and:

(1)(a) in the case of the privilege of a mediator, it is expressly waived by the mediator; and
(1)(b) in the case of the privilege of a nonparty participant, it 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 78B-10-104, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(3) 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 Section 78B-10-104.