§ 9-17-6. Limited Disclosures by Mediators
Except as provided in subsection (b) of this Code section, a mediator shall not make a report, assessment, evaluation, recommendation, finding, or other communication regarding a mediation to a court, administrative agency, or other authority that may make a ruling on the dispute that is the subject of the mediation. A mediator may disclose: Whether […]
§ 9-17-7. Limited Disclosures of Mediation and Mediation Communications
Notwithstanding any provision of this chapter to the contrary, mediation and mediation communications, and such related conduct, shall not be admissible or subject to disclosure, except to the extent agreed to by the parties in writing or as provided in Code Section 24-4-408 or other law or court required rule of this state, unless such […]
§ 9-17-8. Review of Mediator’s Conflict of Interest; Required Disclosures by Mediator; Exclusion; Special Qualifications Not Required
Before accepting a mediation, an individual who is requested to serve as a mediator shall: Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome […]
§ 9-17-9. Participation With Attorney or Designated Representative
An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded. History. Code 1981, § 9-17-9 , enacted by Ga. L. 2021, p. 646, § 2/SB 234.
§ 9-17-10. Application of Federal Model Law
As used in this Code section, the term “Model Law” means the Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation, as approved at the 51st Session of the United Nations Commission on International Trade Law on June 26, 2018. Except as otherwise provided in subsections (c) and (d) of this […]
§ 9-17-11. Application of Federal Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but shall not modify, limit, or supersede Section 101(c) of such act or authorize electronic delivery of any of the notices described in Section 103(b) of such act. History. Code 1981, § 9-17-11 […]
§ 9-17-12. Uniformity Across Jurisdictions
In applying and construing this chapter, consideration should be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History. Code 1981, § 9-17-12 , enacted by Ga. L. 2021, p. 646, § 2/SB 234.
§ 9-17-13. Severability
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable. History. Code 1981, § […]
§ 9-17-14. Applicability
This chapter shall apply to all mediation agreements and mediation proceedings entered into on or after July 1, 2021. History. Code 1981, § 9-17-14 , enacted by Ga. L. 2021, p. 646, § 2/SB 234.
§ 9-17-1. Definitions
As used in this chapter, the term: “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. “Mediation communication” means a statement, whether oral or in a record or verbal or nonverbal, that occurs during a mediation or is made […]