679C.105 Waiver and preclusion of privilege. 1. A privilege under section 679C.104 may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and if all of the following apply: a. In the case of the privilege of a mediator, the privilege is expressly waived by the mediator. b. In the case of the privilege of a nonparty participant, the privilege 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 undersection 679C.104, but only to the extent necessary for the person prejudiced to respond to thedisclosure or representation. 3. A person that intentionally uses a mediation to plan, to attempt to commit, or to commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precludedfrom asserting a privilege pursuant to section 679C.104. 2005 Acts, ch 68, §10Referred to in §679C.103, 679C.104 Sat Dec 23 12:25:27 2023 Iowa Code 2024, Section 679C.105 (15, 0)
Iowa Legal Code