{"data":{"id":"us-dc/d.c.-code-16-4204","jurisdiction":"us-dc","citation":"D.C. Code § 16-4204","heading":"Waiver and preclusion of privilege.","body":"(a)\nA privilege under § 16-4203 may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:\n(1)\nIn the case of the privilege of a mediator, it is expressly waived by the mediator; and\n(2)\nIn the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.\n\n(b)\nA 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 § 16-4203, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.\n\n(c)\nA 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 § 16-4203.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 42. Mediation; Uniform Act."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-4204","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"e03a2301541ffb2527e6976bd27b4e72529d1c7a3380d4624eac3a4c70c258a8","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-4203","next":"us-dc/d.c.-code-16-4205"},"notice":"GroundRules: Original legal text. Not legal advice."}