§ 1-43-103 — General rule of privilege; claiming privilege; exception

(a) A party to the mediation has a privilege to refuse to
disclose and to prevent all mediation participants from
disclosing confidential communications.
(b) The privilege under this section may be claimed by a
representative of the party or by a party, his guardian or
conservator, the personal representative of a deceased party, or
the successor, trustee or similar representative of a
corporation, association, or other organization, whether or not
in existence. The person who was the mediator may claim the
privilege but only on behalf of the party. The mediator's
authority to do so is presumed in the absence of evidence to the
contrary.
(c) There is no privilege under this section if any one
(1) of the following conditions is met:
(i) All the parties involved provide written consent
to disclose;
(ii) The communication involves the contemplation of
a future crime or harmful act;
(iii) The communication indicates that a minor child
has been or is the suspected victim of child abuse as defined by
local statute;
(iv) The communication was otherwise discoverable
prior to the mediation;
(v) One of the parties seeks judicial enforcement of
the mediated agreement.