9-17-3. Mediation communication as privileged; use of mediation evidence.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
Except as otherwise provided in Code Section 9-17-6, a mediation communication is privileged as provided in subsection (b) of this Code section and is not subject to discovery or admissible in evidence in a proceeding unless waived or precluded as provided by Code Section 9-17-4.#
(b)
In a proceeding, the following privileges apply:#
1. (1)
  A mediation party may refuse to disclose and may prevent any other person from disclosing a mediation communication;#
2. (2)
  A mediator may refuse to disclose a mediation communication and may prevent any other person from disclosing a mediation communication of the mediator; and#
3. (3)
  A nonparty participant may refuse to disclose and may prevent any other person from disclosing a mediation communication of the nonparty participant.#
(c)
Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely by reason of its disclosure or use in a mediation.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

Code 1981, § 9-17-3, enacted by Ga. L. 2021, p. 646, § 2/SB 234.

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

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch12-17-(v7a)-pdf.pdf, Volume V7A, 2015 edition, 2025 supplement, page 61; merge action: added; file SHA-256 3ebff39d34dd.