E.__Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediator;

F.__Except as otherwise provided in subsection 3, sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice filed against a mediation party, nonparty participant or representative of a party based on conduct occurring during a mediation; or

G.__Sought or offered to prove or disprove abuse, neglect, abandonment or exploitation in a proceeding in which a child or adult protective services agency is a party, unless the case is referred by a court to mediation and a public agency participates.

2.__Evidence not otherwise available.__There is no privilege under section 10004 if a court, administrative agency or arbitrator finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown that the evidence is not otherwise available, that there is a need for the evidence that substantially outweighs the interest in protecting confidentiality and that the mediation communication is sought or offered in:

A.__A court proceeding involving a murder or a Class A, B or C crime; or

B.__Except as otherwise provided in subsection 3, a proceeding to prove a claim to rescind or reform or a defense to avoid liability on a contract arising out of the mediation.

3.__Mediator may not be compelled; certain situations.__A mediator may not be compelled to provide evidence of a mediation communication referred to in subsection 1, paragraph F or subsection 2, paragraph B.

4. Limitations.__If a mediation communication is not privileged under subsection 1 or 2, only the portion of the mediation communication necessary for the application of the exception from nondisclosure may be admitted. Admission of evidence under subsection 1 or 2 does not render the evidence, or any other mediation communication, discoverable or admissible for any other purpose.