2016 District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. §§ 16-101 - 16-5505
Chapter 42 - Mediation; Uniform Act. §§ 16-4201 - 16-4213
§ 16–4204. Waiver and preclusion of privilege.
(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.
(Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.)
Section ReferencesThis section is referenced in § 16-4203 and § 16-4210.
Editor's NotesUniform Law: This section is based upon § 5 of the Uniform Mediation Act.
Disclaimer: These codes may not be the most recent version. The District of Columbia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
