§ 9-17-1. Definitions

As used in this chapter, the term:

1. “Mediation” means a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute.
2. “Mediation communication” means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made for purposes of considering, conducting, participating in, initiating, continuing, terminating, or reconvening a mediation or retaining a mediator.
3. “Mediation party” means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
4. “Mediator” means an individual who conducts a mediation, or if conducting a mediation pursuant to the Supreme Court of Georgia Alternative Dispute Resolution Rules governing the use of alternative dispute resolution mechanisms by the courts of this state, an individual qualified to mediate under such rules.
5. “Nonparty participant” means a person, other than a mediation party or mediator, that participates in a mediation, including a representative of a party.
6. “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government; governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
7. “Proceeding” means:
   1. A judicial, administrative, arbitral, or other adjudicative process, including related pre-hearing and post-hearing motions, conferences, and discovery; or
   2. A legislative hearing or similar process.
8. “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
9. “Sign” means:
   1. To execute or adopt a tangible symbol with the present intent to authenticate a record; or
   2. To attach or logically associate an electronic symbol, sound, or process to or with a record with the present intent to authenticate a record.

History. Code 1981, § 9-17-1 , enacted by Ga. L. 2021, p. 646, § 2/SB 234.

Law reviews.

For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).

For article with annual survey on domestic relations, see 73 Mercer L. Rev. 89 (2021).