{"data":{"id":"us-wa/rcw-7.07.040","jurisdiction":"us-wa","citation":"RCW 7.07.040","heading":"Waiver and preclusion of privilege.","body":"(1) A privilege under RCW 7.07.030 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 RCW 7.07.030, 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 RCW 7.07.030.","path":["Title 7","Chapter 7.07"],"source_url":"https://app.leg.wa.gov/rcw/default.aspx?cite=7.07.040","current_through":"July 15, 2026","vintage":"","retrieved_at":"2026-09-06T00:37:11Z","sha256":"8a992b544d0cdfacf7cf3ef1562bcb6d5b94d57c1cf6b08e7087318f3e751637","source_id":"us-wa","stale":false,"prev":"us-wa/rcw-7.07.030","next":"us-wa/rcw-7.07.050"},"notice":"GroundRules: Original legal text. Not legal advice."}