Section 2710.04 - Waiver of privilege - privilege precluded(A) A privilege under section 2710.03 of the Revised Code may be waived in a record or orally during a proceeding if it is expressly waived by all mediation parties and by whichever of the following is applicable: (1) In the case of the privilege of a mediator, it is expressly waived by the mediator.(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 that prejudices another person in a proceeding is precluded from asserting a privilege under section 2710.03 of the Revised Code, 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 section 2710.03 of the Revised Code.Effective Date: 10/29/2005 .