Mediation and ADR
Waiver of privilege
Giving up the legal protection that keeps mediation communications out of later proceedings. Under the Uniform Mediation Act, all parties must expressly waive it, and the mediator too for the mediator's own privilege.[1]
In more detail
A person who discloses a mediation communication in a way that hurts someone else in a proceeding loses the privilege to the extent needed for the other side to respond.[1] Florida has a similar rule.[2] Waivers can be made in writing or orally during a proceeding.[1]
Varies by state
Waiver rules come from each state's mediation statute. Find your state’s rules.
Related terms
- Mediation privilegeA legal right to refuse to disclose, and to stop others from disclosing, mediation communications in a later court or other proceeding.
- ConfidentialityThe rule that what is said in mediation generally stays private.
- Mediation communicationAny statement, spoken or written, or conduct meant as a statement, made during a mediation or to arrange, continue or reconvene one or hire a mediator.
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Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Waiver of privilege: Definition. https://mediationlist.com/glossary/waiver-of-privilege/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.