§ 9-17-4. Waiver of Privilege; Criminal Activity

1. A privilege under Code Section 9-17-3 may be waived in a record if it is expressly waived by all mediation parties and:
   1. In the case of the privilege of a mediator, it is expressly waived by the mediator; and
   2. In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
2. A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Code Section 9-17-3, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
3. A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Code Section 9-17-3.

History. Code 1981, § 9-17-4 , 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).