§ 3318 Waiver and preclusion of privilege.

If everyone involved agrees to give up the privacy protection for their collaborative law discussions, they can do so. This means all the parties in the case must clearly agree to waive the privilege, either in writing or by saying so out loud during the proceeding. If someone outside the case (a nonparty) took part in those discussions, that person also has to agree to give up their own privacy protection before it can be waived.

The rule also stops people from using the privacy protection unfairly. If someone shares information about a collaborative law discussion in a way that hurts another person's position in the case, they can't then hide behind the privilege to block a fair response. However, this only applies as far as needed to let the harmed person respond to what was shared. It does not remove all privacy protection completely, just enough to even things out.