O.C.G.A.

O.C.G.A. § 15-11-22 (2019)

Agreement to mediate; procedure

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.

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(a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties’ intent to resolve such controversies through mediation, and specify the circumstances under which mediation may continue. The agreement to mediate shall specify the confidentiality requirements of mediation and the exceptions to confidentiality in mediation as such are set forth in the Supreme Court of Georgia Alternative Dispute Resolution Rules and appendices. (b) A mediator shall not knowingly assist the parties in reaching an agreement which would be unenforceable for reasons such as fraud, duress, the absence of bargaining ability, unconscionability, or lack of court jurisdiction. (c) Prior to the parties signing an agreement to mediate, the mediator shall advise the parties that each of them may obtain review by an attorney of any agreement reached as a result of the mediation. (d) The mediator shall at all times be impartial.

History

Code 1981, § 15-11-22, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Notes of Decisions

Cited in 4 cases, 1987–2020 · leading case: In re N. S. M., 359 S.E.2d 185 (Ga. Ct. App. 1987).

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In re N. S. M., 359 S.E.2d 185 (Ga. Ct. App. 1987). · cites it 2× “The subpoena to Nash, pursuant to OCGA § 15-11-22, required his appearance at trial and directed that he bring with him “[a]ny and all documents and records maintained by [him] on [the mother] for any and all reasons whatsoever.”

In the Interest of S. K., 545 S.E.2d 674 (Ga. Ct. App. 2001). · cites it 2× “The mother contends that this ruling was an abuse of discretion pursuant to OCGA § 15-11-22, 2 which requires the juvenile court to issue a subpoena upon application of any party.”

In the Interest of L. K., Child. (Father) (Ga. Ct. App. 2020). · cites it 4× “”15 And in this respect, “unfitness” refers to “intentional or unintentional misconduct resulting in the abuse or neglect of the child or by what is tantamount to physical or mental incapability to care for the child.”

In Re Sk, 545 S.E.2d 674 (Ga. Ct. App. 2001). · cites it 2× “At the next hearing, after citing evidence from the prior hearings including the testimony of the two clinical psychologists, the juvenile court denied the motions.”

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