Privileged communications|Private Investigator|Ca

Privileged communications|Private Investigator|Ca

privileged communications

The following are the cases when the neutral may disclose confidential communication provided by the conflicting parties:

– All the parties have provided the written consent to disclose the communications.

– The communications have already been made public.

– The serious nature of the conflict requires the neutral to make the communications public if there is no other suitable person to disclose the communications.

– The court rules that disclosure of the communications is necessary to : a)prevent injustice; b) establish a violation of law; c) prevent significant damage to the public health pr safety.

– The outcome  of the confidential communications disclosure outweighs the importance of the conflict resolution proceedings integrity.

Rule of privileged communications

The rule of privileged communications is supported with the belief that certain communications must remain confidential. Only communications occurring within protected relationships are considered privileged. Protection of these relationships is viewed as more important  than loss of evidence that could result from the communications. The following rules must be observed while dealing with privileged communications:

– The assertion of the privileged can be done only by the holder of the privilege or an authorized representative of the holder.

– The privilege is waived if the holder fails to assert it after being presented with an opportunity to assert the privilege.

– The privilege is waived if the holder discloses all or part of communications to a party outside of the protected relationship.

– Communication must   be directly related to the protected relationship to be considered privileged.

– Some of the privileged relationships are : attorney-client, husband-wife, physician-patient, accountant-client, priest-penitent, law enforcement-informant. reporter-source.

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