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

Utah Statutes

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

Utah·Title 78B Judicial Code·Ch. 78B-10 Utah Uniform Mediation Act

(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.

Utah § 78B-10-105 (Waiver and preclusion of privilege.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.