2021 Georgia Code
Title 9 - Civil Practice
Chapter 17 - Georgia Uniform Mediation Act
§ 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 of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
- Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.
- If a mediator learns any fact described in paragraph (1) of subsection (a) of this Code section after accepting a mediation, the mediator shall disclose it as soon as is practicable.
- At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator's qualifications to mediate a dispute.
- A person that violates subsection (a) or (b) of this Code section is precluded by the violation from asserting a privilege under Code Section 9-17-3.
- Subsection (a), (b), or (c) of this Code section shall not apply to an individual acting as a judge.
- This chapter shall not require that a mediator have a special qualification by background or profession.
(Code 1981, §9-17-8, enacted by Ga. L. 2021, p. 646, § 2/SB 234.)
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