{"data":{"id":"us-id/idaho-code-9-805","jurisdiction":"us-id","citation":"Idaho Code § 9-805","heading":"Waiver and preclusion of privilege.","body":"(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:\n(a) In the case of the privilege of a mediator, it is expressly waived by the mediator; and\n(b) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.\n(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.\n(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.","path":["TITLE 9 EVIDENCE","CHAPTER 8 UNIFORM MEDIATION ACT"],"source_url":"https://legislature.idaho.gov/statutesrules/idstat/title9/t9ch8/sect9-805/","current_through":"2026 Legislative Session","vintage":"","retrieved_at":"2026-09-04T11:16:33Z","sha256":"85e2ff87cd529d73ef533fba580da52c7f195e50ffbb77c9305da0b5a2fbe880","source_id":"us-id","stale":false,"prev":"us-id/idaho-code-9-804","next":"us-id/idaho-code-9-806"},"notice":"GroundRules: Original legal text. Not legal advice."}