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Iowa Code § 679C.105

Waiver and preclusion of privilege

Iowa · Iowa Code Chapter 679C — Mediation · Status: effective

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Iowa Code § 679C.105, Waiver and preclusion of privilege, Iowa, version 1 as recorded 2026-10-03, yourstate.us, https://yourstate.us/provision/2284049
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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 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.