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§ 9-17-9.Participation with attorney or designated representative

Chapter 17. Georgia Uniform Mediation Act · Last amended 2021 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-17-9 gives every party the right to bring an attorney or other designated individual to a mediation and to have that person take part in it, and lets a party rescind an earlier waiver of that right before the mediation.

Full Text of § 9-17-9

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An attorney or other individual designated by a party may accompany the party to and participate in a mediation. A waiver of participation given before the mediation may be rescinded.

Plain-English Summary

Mediation can move fast, and a party facing an experienced opposing side or a complicated dispute may want backup. This section guarantees that option: an attorney, or any other individual the party designates, may accompany the party to the mediation and take an active part in it, not just sit in the room.

The right belongs to the party, so the statute also lets a party give it up. But a waiver of participation made before the mediation is not permanent — the party can rescind it. A party who initially agreed to mediate without a lawyer or other representative can change course and bring one after all, as long as the rescission happens in time to matter.

The section says nothing about who qualifies as a “designated representative” beyond leaving the choice to the party, which means the support person does not have to be a lawyer. A trusted advisor, a family member, or anyone else the party picks can fill that role.

Frequently Asked Questions

Does a party have the right to bring a lawyer to mediation?

Yes. This section lets an attorney, or any other individual the party designates, accompany the party to a mediation and participate in it.

Must the person accompanying a party be an attorney?

No. The statute allows “an attorney or other individual designated by a party,” so the accompanying person does not have to be a lawyer.

Can a party revoke an earlier decision to mediate without a representative?

Yes. A waiver of participation given before the mediation may be rescinded.

Can the designated representative actively participate, or just observe?

The statute allows the representative to accompany the party “to and participate in” the mediation, so active participation is contemplated, not mere observation.

Does this section limit how many people a party can bring to mediation?

The text does not set a specific cap; it refers to “an attorney or other individual designated by a party,” and any additional limit would come from the particular mediation’s ground rules or a referring order rather than from this section itself.

Amendment History

Code 1981, § 9-17-9, 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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