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.

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
  • Mediation: means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute. See Iowa Code 679C.102
  • Mediation communication: means a statement, whether oral or in a record, verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, or reconvening a mediation or retaining a mediator. See Iowa Code 679C.102
  • Mediator: means an individual who conducts a mediation. See Iowa Code 679C.102
  • Nonparty participant: means a person, other than a mediation party or mediator, that participates in a mediation. See Iowa Code 679C.102
  • Person: means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity. See Iowa Code 679C.102
  • Proceeding: means any of the following:
     a. See Iowa Code 679C.102
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Iowa Code 679C.102
 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 section 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 section 679C.104.
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