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 […]
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 […]
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 […]
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.
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, § […]
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.
Except as otherwise provided in subsection (b) or (c) of this Code section, this chapter applies to a mediation in which: The mediation parties are required to mediate by statute or court or administrative agency rule or referred to mediation by a court, administrative agency, or arbitrator; The mediation parties and the mediator agree to […]
Except as otherwise provided in Code Section 9-17-6, a mediation communication is privileged as provided in subsection (b) of this Code section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Code Section 9-17-4. In a proceeding, the following privileges apply: A mediation party […]
A privilege under Code Section 9-17-3 may be waived in a record if it is expressly waived by all mediation parties and: In the case of the privilege of a mediator, it is expressly waived by the mediator; and In the case of the privilege of a nonparty participant, it is expressly waived by the […]
There shall be no privilege under Code Section 9-17-3 for a mediation communication that is: In an agreement evidenced by a record signed by all parties to the agreement; Available to the public under Article 4 of Chapter 18 of Title 50, relating to open records, or made during a session of a mediation which […]
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 […]
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 […]
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 […]
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.
