Iowa Code 679C.105 – Waiver and preclusion of privilege
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Terms Used In Iowa Code 679C.105
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
679C.105 Waiver and preclusion of privilege.
1. A privilege under § 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 under § 679C.104, but only to the extent necessary for the person prejudiced to respond to the disclosure 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 precluded from asserting a privilege pursuant to § 679C.104.
2005 Acts, ch 68, §10
Referred to in §679C.103, 679C.104
1. A privilege under § 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 under § 679C.104, but only to the extent necessary for the person prejudiced to respond to the disclosure 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 precluded from asserting a privilege pursuant to § 679C.104.
2005 Acts, ch 68, §10
Referred to in §679C.103, 679C.104