Section 16-4204 - Waiver and preclusion of privilege(a) A 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: (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 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.(c) 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 § 16-4203.Apr. 4, 2006, D.C. Law 16-87, § 2(b), 53 DCR 1075.Uniform Law: This section is based upon § 5 of the Uniform Mediation Act.