§ 9-17-8.Review of mediator’s conflict of interest; required disclosures by mediator; exclusion; special qualifications not required
Chapter 17. Georgia Uniform Mediation Act · Last amended 2021 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-17-8 requires anyone asked to serve as mediator to make a reasonable inquiry into facts that could affect impartiality and disclose them to the mediation parties before accepting the case (or as soon as practicable if learned later), requires the mediator to disclose qualifications on a party’s request, strips the mediator of the Code Section 9-17-3 privilege for violating those disclosure duties, exempts judges acting as mediators, and confirms the chapter demands no particular professional background to serve as a mediator.
(a)Before accepting a mediation, an individual who is requested to serve as a mediator shall:
(1)Make an inquiry that is reasonable under the circumstances to determine whether there are any known facts that a reasonable individual would consider likely to affect the impartiality of the mediator, including a financial or personal interest in the outcome of the mediation and an existing or past relationship with a mediation party or foreseeable participant in the mediation; and
(2)Disclose any such known fact to the mediation parties as soon as is practical before accepting a mediation.
(b)If a mediator learns any fact described in paragraph (1) of subsection (a) of this Code section after accepting a mediation, the mediator shall disclose it as soon as is practicable.
(c)At the request of a mediation party, an individual who is requested to serve as a mediator shall disclose the mediator’s qualifications to mediate a dispute.
(d)A person that violates subsection (a) or (b) of this Code section is precluded by the violation from asserting a privilege under Code Section 9-17-3.
(e)Subsection (a), (b), or (c) of this Code section shall not apply to an individual acting as a judge.
(f)This chapter shall not require that a mediator have a special qualification by background or profession.
Plain-English Summary
Before a mediator takes a case, this section makes two things mandatory. Subsection (a) requires a reasonable inquiry into facts a reasonable individual would consider likely to affect the mediator’s impartiality — a financial or personal stake in the outcome, or an existing or past relationship with a mediation party or a foreseeable participant — and requires disclosing whatever that inquiry turns up to the mediation parties as soon as practical, before accepting the mediation. Subsection (b) keeps that duty alive after the fact: if the mediator learns a disqualifying fact only after already taking the case, disclosure still has to happen, as soon as practicable.
Subsection (c) adds a related but distinct duty. Any mediation party can ask the mediator to disclose the mediator’s qualifications to handle the particular dispute, and the mediator has to answer. That request does not depend on any doubt about impartiality — a party can ask about qualifications even with no conflict in sight.
Subsection (d) gives the disclosure duties a consequence with bite. A mediator who violates the inquiry-and-disclosure requirement in subsection (a) or the later-discovered-fact requirement in subsection (b) loses the ability to assert the privilege under Code Section 9-17-3. Subsection (e) carves out judges: none of the disclosure duties in subsections (a) through (c) apply to an individual acting as a judge. And subsection (f) closes the section by confirming that this chapter sets no credential requirement for mediators — no particular license, degree, or professional background is a precondition to serving.
Frequently Asked Questions
What must a mediator investigate before accepting a case?
Facts a reasonable individual would consider likely to affect the mediator’s impartiality, including a financial or personal interest in the outcome and an existing or past relationship with a mediation party or a foreseeable participant.
What if a mediator discovers a conflict after already accepting the mediation?
Subsection (b) still requires disclosure to the mediation parties, as soon as is practicable after learning the fact.
Can a party ask about a mediator’s qualifications without suspecting a conflict?
Yes. Subsection (c) lets any mediation party request disclosure of the mediator’s qualifications regardless of whether a conflict is at issue.
What happens if a mediator fails to make the required disclosures?
Subsection (d) precludes that mediator from asserting the privilege under Code Section 9-17-3, but only for a violation of the impartiality-disclosure duties in subsection (a) or (b) — failing to answer a qualifications request under subsection (c) does not itself carry that consequence.
Does this section’s disclosure duty apply to a judge who mediates a case?
No. Subsection (e) exempts an individual acting as a judge from the disclosure duties in subsections (a) through (c).
Amendment History
Code 1981, § 9-17-8, enacted by Ga. L. 2021, p. 646, § 2/SB 234.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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