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2021 Georgia Code
Title 9 - Civil Practice
Chapter 17 - Georgia Uniform Mediation Act
§ 9-17-4. Waiver of Privilege; Criminal Activity
Universal Citation: GA Code § 9-17-4 (2021)
- 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 nonparty participant.
- A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Code Section 9-17-3, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
- A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Code Section 9-17-3.
(Code 1981, §9-17-4, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)
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