{"data":{"id":"us-ut/utah-code-78b-10-105","jurisdiction":"us-ut","citation":"Utah Code § 78B-10-105","heading":"Waiver and preclusion of privilege.","body":"(1) A privilege under Section 78B-10-104 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 78B-10-104, 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 78B-10-104.","path":["Title 78B Judicial Code","Chapter 78B-10 Utah Uniform Mediation Act"],"source_url":"https://le.utah.gov/xcode/Title78B/Chapter10/78B-10-S105.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"a43e3d067b3a91b923068683069352d9eed2d817d586d64e6249a6a25f7797ff","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-78b-10-104","next":"us-ut/utah-code-78b-10-106"},"notice":"GroundRules: Original legal text. Not legal advice."}