District Of Columbia § 16-4205 - Exceptions to privilege.
Full text of District Of Columbia D.C. Code § 16-4205 — Exceptions to privilege., with citation guidance and answers to common questions.
§ 16-4205. Exceptions to privilege.
16-4205There is no privilege under for a mediation communication that is:
In an agreement evidenced by a record signed by all parties to the agreement;
Available to the public under , or made during a session of a mediation which is open, or is required by law to be open, to the public;
A threat or statement of a plan to inflict bodily injury as defined by , or commit a crime of violence as defined by [now ] and .
Intentionally used to plan, attempt to commit, or commit a crime, or to conceal an ongoing crime or ongoing criminal activity;
Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;
Except as otherwise provided in subsection (c) of this section, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant, or representative of a party based on conduct occurring during a mediation; or
Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the case is referred by a court to mediation and a public agency participates.
There is no privilege under if a court, administrative agency, or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that:
The evidence is not otherwise available;
There is a need for the evidence that substantially outweighs the interest in protecting confidentiality; and
The mediation communication is sought or offered in:
A court proceeding involving a felony or misdemeanor; or
Except as otherwise provided in subsection (c) of this section, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.
A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection (a)(6) or (b)(3)(B) of this section.
If a mediation communication is not privileged under subsection (a) or (b) of this section, only the portion of the communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection (a) or (b) of this section does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 16-4205
What does D.C. Code § 16-4205 cover?
Section 16-4205 ("Exceptions to privilege.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 16-4205?
A common citation format is "D.C. Code § 16-4205" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 16-4205 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.