§658H-3 Scope. (a) Except as otherwise provided in subsection (b) or (c), this chapter applies to a mediation in which:
(b) This chapter shall not apply to a mediation:
(c) If the mediation parties agree in advance in a signed record, or a record of proceeding reflects agreement by the mediation parties, that all or part of a mediation is not privileged, the privileges under sections 658H-4 through 658H-6 shall not apply to the mediation or part agreed upon. However, sections 658H-4 through 658H-6 shall apply to a mediation communication made by a person that has not received actual notice of the agreement before the mediation communication is made. [L 2013, c 284, pt of §1; am L 2014, c 5, §1]