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GA SB464

Bill

Status

Engrossed

3/12/2020

Primary Sponsor

John Kennedy

Click for details

Origin

Senate

2019-2020 Regular Session

AI Summary

  • Establishes the "Georgia Uniform Mediation Act" by adding Chapter 17 to Title 9 of the Official Code of Georgia, creating uniform rules governing mediation communications, privileges, and participants effective July 1, 2020

  • Grants mediation parties, mediators, and nonparty participants a privilege against disclosure, discovery, and admissibility of mediation communications in proceedings, while preserving the admissibility of evidence that existed independently of the mediation

  • Provides specific exceptions to the mediation privilege, including for signed agreements, threats of violence, criminal activity, professional misconduct claims, and child/adult abuse proceedings; allows courts to override the privilege after an in camera hearing in felony cases where the evidence is otherwise unavailable and the need substantially outweighs confidentiality interests

  • Requires mediators to investigate and disclose potential conflicts of interest—including financial interests and prior relationships with parties—before accepting a mediation, with failure to disclose resulting in loss of the mediator's privilege

  • Incorporates the UN Model Law on International Commercial Mediation for international commercial disputes while maintaining Georgia's privilege protections, and addresses the relationship with the federal Electronic Signatures in Global and National Commerce Act

Legislative Description

"Georgia Uniform Mediation Act"; uniform laws governing mediation and participants in mediation; provide; enact

Last Action

House Committee Favorably Reported By Substitute

6/25/2020

Full Bill Text

No bill text available