(a) A privilege under § 3-2009 of this subtitle may be waived in a record or orally during a proceeding if it is expressly waived by each party and, in the case of the privilege of a nonparty participant, the privilege is also expressly waived by the nonparty participant.

(b) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under § 3-2009 of this subtitle, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.