2021 Georgia Code
Title 9 - Civil Practice
Chapter 17 - Georgia Uniform Mediation Act
§ 9-17-2. Application

Universal Citation: GA Code § 9-17-2 (2021)
  1. Except as otherwise provided in subsection (b) or (c) of this Code section, this chapter applies to a mediation in which:
    1. 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;
    2. The mediation parties and the mediator agree to mediate in a record that demonstrates an expectation that mediation communications will be privileged against disclosure; or
    3. The mediation parties use as a mediator an individual who holds himself or herself out as a mediator or as a provider of mediation services.
  2. This chapter shall not apply to a mediation:
    1. Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;
    2. Relating to a dispute that is pending under or is part of the processes established by a collective bargaining agreement, except that this chapter shall apply to a mediation arising out of such a dispute that has been filed with an administrative agency or court;
    3. Conducted by a judge where that judge acts as a mediator and may still make a ruling on the dispute; or
    4. Conducted under the auspices of:
      1. A primary or secondary school if all the mediation parties are students; or
      2. A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution.
  3. If the parties agree in advance in a signed record, or a record of proceeding reflects agreement by the parties, that all or part of a mediation is not privileged, the privileges under Code Sections 9-17-3 through 9-17-5 do not apply to the mediation or part agreed upon. However, Code Sections 9-17-3 through 9-17-5 apply to a mediation communication made by a person that has not received actual notice of the agreement before the communication is made.

(Code 1981, §9-17-2, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)

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