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:#

1. (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. (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. (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.#

This chapter shall not apply to a mediation:#

1. (1)

   Relating to the establishment, negotiation, administration, or termination of a collective bargaining relationship;#

2. (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. (3)

   Conducted by a judge where that judge acts as a mediator and may still make a ruling on the dispute; or#

4. (4)

   Conducted under the auspices of:#

   1. (A)

      A primary or secondary school if all the mediation parties are students; or#

   2. (B)

      A correctional institution for persons who are under the age of 18 years if all the mediation parties are residents of that institution.#

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.#