A. A privilege under Section 17 of this act may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.
§ 3318.Waiver and Preclusion of Privilege
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceLets the Section 3317 privilege be waived, in a record or orally in a proceeding, only if all parties (and any affected nonparty participant) expressly agree, and blocks someone who prejudicially discloses or characterizes a communication from later asserting the privilege against the person they prejudiced.
Full Text of § 3318
B. A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under Section 17 of this act, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Amendment History
Added by Laws 2025, c. 226,s. 18, eff. 1/1/2026.
Plain-English Summary
The privilege in Section 3317 isn't absolute, but it also isn't easy to lose. Section 3318 requires an express waiver -- in a signed record, or stated orally during a proceeding -- from every party, and, if a nonparty participant's own communication is at stake, from that nonparty participant too.
There's also a fairness backstop: if someone discloses or characterizes a collaborative law communication in a way that prejudices another person in a proceeding, that person loses the right to invoke the privilege -- but only far enough to let the prejudiced person respond to what was disclosed.
Frequently Asked Questions
Can one party alone waive the privilege over collaborative law communications?
No. Section 3318 requires the privilege to be expressly waived by all parties, and, where a nonparty participant's own communication is involved, by that participant as well.
Does the waiver have to be in writing?
It can be in a record, or stated orally during a proceeding, as long as it's express.
What happens if I bring up a collaborative communication to make myself look good, then try to claim privilege?
Section 3318 precludes you from asserting the privilege in that situation, but only to the extent necessary for the person you prejudiced to respond.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: waiving collaborative law privilege oklahoma12 O.S. § 3318preclusion of privilege collaborative law communication