(a) 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. (b) 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: (A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (c) 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. Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021. (a) 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. (b) 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: (A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (c) 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. Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021. (a) 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. (b) 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: (A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (c) 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. Added by 2021 Ga. Laws 268,§ 2, eff. 7/1/2021. (a) 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. (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. (b) 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: (A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (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: (A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (A) A primary or secondary school if all the mediation parties are students; or (B) A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution. (c) 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.
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