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Current as of March 28, 2024 | Updated by Findlaw Staff
(a) A privilege under Code Section 9-17-3 may be waived in a record if it is expressly waived by all mediation parties and:
(1) In the case of the privilege of a mediator, it is expressly waived by the mediator; and
(2) In the case of the privilege of a nonparty participant, it is expressly waived by the nonparty participant.
(b) A person that discloses or makes a representation about a mediation communication which prejudices another person in a proceeding is precluded from asserting a privilege under Code Section 9-17-3, but only to the extent necessary for the person prejudiced to respond to the representation or disclosure.
(c) A person that intentionally uses a mediation to plan, attempt to commit or commit a crime, or to conceal an ongoing crime or ongoing criminal activity is precluded from asserting a privilege under Code Section 9-17-3.
Cite this article: FindLaw.com - Georgia Code Title 9. Civil Practice § 9-17-4 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-9-civil-practice/ga-code-sect-9-17-4/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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