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

78B-10-105. Waiver and preclusion of privilege.
(1) A privilege under Section 78B-10-104 may be waived in a record or orally during aproceeding if it is expressly waived by all parties to the mediation, and:
(a) in the case of the privilege of a mediator, it is expressly waived by the mediator; and
(b) in the case of the privilege of a nonparty participant, it is expressly waived by thenonparty participant.
(2) A person that discloses or makes a representation about a mediation communicationwhich prejudices another person in a proceeding is precluded from asserting a privilege underSection 78B-10-104, but only to the extent necessary for the person prejudiced to respond to therepresentation or disclosure.
(3) A person that intentionally uses a mediation to plan, attempt to commit or commit acrime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting aprivilege under Section 78B-10-104.

Renumbered and Amended by Chapter 3, 2008 General Session