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Section 2A:23C-5 - Waiver and preclusion of privilege.

NJ Rev Stat § 2A:23C-5 (2019) (N/A)
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2A:23C-5 Waiver and preclusion of privilege.

5. Waiver and Preclusion of Privilege.

a. A privilege under section 4 of P.L.2004, c.157 (C.2A:23C-4) may be waived in a record or orally during a proceeding if it is expressly waived by all parties to the mediation and:

(1) in the case of the privilege of a mediator, it is expressly waived by the mediator; and

(2) in the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.

b. A person who discloses or makes a representation about a mediation communication that prejudices another person in a proceeding is precluded from asserting a privilege under section 4 of P.L.2004, c.157 (C.2A:23C-4), but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.

c. A person who 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 4 of P.L.2004, c.157 (C.2A:23C-4).

L.2004,c.157,s.5.

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Section 2A:23C-4 - Privilege against disclosure; admissibility; discovery.
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Section 2A:23C-6 - Exceptions to privilege.