§ 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 […]
§ 9-17-2. Application
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 […]
§ 9-17-3. Mediation Communication as Privileged; Use of Mediation Evidence
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 […]
§ 9-17-4. Waiver of Privilege; Criminal Activity
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 […]
§ 9-17-5. When Communication Privilege Is Inapplicable; Use of Mediation Evidence
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 […]
§ 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.