US Lawyer Database

§ 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 […]