---
title: O.C.G.A. § 9-17-2. Application.
collection: code
id: 9-17-2
cite_as: O.C.G.A. § 9-17-2 (2025)
canonical_url: https://georgiacommons.org/code/9-17-2
md_url: https://georgiacommons.org/code/9-17-2.md
text_url: https://georgiacommons.org/code/9-17-2/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t9-ch12-17-(v7a)-pdf.pdf?sfvrsn=201e3996_0#page=60
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CIVIL PRACTICE / GEORGIA UNIFORM MEDIATION ACT
---

# O.C.G.A. § 9-17-2. Application.

(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.

## History

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

## Law Reviews

For article with annual survey on trial practice and procedure, see 73 Mercer L. Rev. 265 (2021).