A. A privilege in accordance with R.S. 9:377.16 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.
B. A person who makes a disclosure or representation about a collaborative family law communication that prejudices another person in a proceeding may not assert a privilege in accordance with R.S. 9:377.16, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.