(1) A privilege under section 9-804, Idaho Code, may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:
(a)  In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(b)  In the case of the privilege of a nonparty participant, it 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 9-804, Idaho Code, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
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Terms Used In Idaho Code 9-805

  • person: includes a corporation as well as a natural person;
Idaho Code 73-114
(3)  A person that intentionally uses a mediation to plan, attempt to commit or commit a crime or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under section 9-804, Idaho Code.