limited resources on more complex matters that do not easily lend themselves to alternative resolution, in a timely manner. The new rule also allows the court to set deadlines in an attempt to dispose of the case more efficiently; something that was not happening under the previous rule.512
ADR Practitioners include the arbitrator, mediator, neutral case assessor or any other Practitioner engaged by the parties to facilitate ADR. In the event the parties cannot agree on an ADR Practitioner, they shall file a joint motion with the Court within thirty (30) days of the issuance of the scheduling order requesting that the Court appoint an ADR Practitioner for the parties. The Court may impose sanctions upon a party or both parties if it determines that the parties have not attempted to agree upon an ADR Practitioner in good faith.513
The parties shall pay the ADR Practitioner in accordance with the allocation and amount of fees established by the ADR Practitioner and agreed to by the parties or ordered by the Court.
The ADR Practitioner may apply to the Court for sanctions against any party who fails to comply with the terms of engagement established by the ADR Practitioner and agreed to by the parties.514 The ADR Practitioner may not be called as a witness in any aspect of the litigation, or in any proceeding relating to the litigation in which the ADR Practitioner served, unless ordered by the Court. In addition, all ADR Practitioners, when serving as an arbitrator, mediator or neutral assessor, shall be immune from civil liability for, or resulting from, any act or omission done or made while engaged in ADR, unless an act or omission was made or done in bad faith, with malicious intent, or in a manner exhibiting a willful, wanton disregard of the rights, safety, or property of another. Each ADR Practitioner shall remain bound by any confidentiality agreement signed by the parties and the ADR Practitioner as part of the ADR.515
Georgia’s population grows, saving millions of dollars a year; the Litigants – by offering effective, empowering alternatives to litigation that save them time, money and energy; the Attorneys – by giving them more tools to satisfy their clients’ needs and by reducing overcrowding in the courts; the Judges and Juries – by clearing dockets so they can concentrate their efforts on cases that require their services; and the Courts – by helping the judiciary use its resources more efficiently.516 Existing Georgia laws related to ADR are the Georgia Constitution, Article VI, Section IX,, Paragraph 1; the Georgia Court-Connected ADR Act; the Juvenile-Court Supervisory Fee; Child Abuse Reporting law and the Georgia Arbitration Code.
Article VI, Section IX, Paragraph 1 of the Constitution of the State of Georgia provides that the judicial system shall be administered as provided in this Paragraph. Further that not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of trial courts, by order adopt and publish uniform court rules and record-keeping rules which shall provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions. Each council shall be comprised all of the judges of the courts of that class.
Paragraph 15-23-10 of the Georgia Court-Connected ADR Act provides for determination of need as prerequisite to establishment of programme. No alternative dispute resolution programme shall be established for any court unless the judge or a majority of the judges of such court determine that there is a need for such programme in that court. The funding mechanism set forth in this chapter shall be available to any court which, having determined that a court-annexed or court-referred alternative dispute resolution program would make a positive contribution to the ends of justice in that court and has developed a programme meeting the standards of the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolution Programmes. Pursuant to the standards set forth in the Georgia Supreme Court's Uniform Rule for Alternative Dispute Resolutions Programmes, the funding mechanism set forth in this chapter shall be available to court programmes in which cases are screened by the judge or by the program director under the supervision of the judge on a case-by-case basis to determine whether: the case is appropriate for the process; the parties are able to
516 http://www.godr.org/index.php?option=com_content&view=article&id=57&Itemid=41
compensate the neutral if compensation is required; and a need for emergency relief makes referral inappropriate until the request for relief is heard by the court.517
Section 9-9-2 (c) of the Georgia Arbitration Code518 provides that this part shall apply to all disputes in which the parties thereto have agreed in writing to arbitrate and shall provide the exclusive means by which agreements to arbitrate disputes can be enforced, except the following, to which this part shall not apply:
1. Agreements coming within the purview of Article 2 of this chapter, relating to arbitration of medical malpractice claims;
2. Any collective bargaining agreements between employers and labour unions representing employees of such employers;
3. Any contract of insurance, as defined in paragraph (1) of Code Section 33-1-2;
provided, however, that nothing in this paragraph shall impair or prohibit the enforcement of or in any way invalidate an arbitration clause or provision in a contract between insurance companies;
4. Any other subject matters currently covered by an arbitration statute;
5. Any loan agreement or consumer financing agreement in which the amount of indebtedness is $25,000.00 or less at the time of execution;
6. Any contract for the purchase of consumer goods, as defined in Title 11, the "Uniform Commercial Code," under subsection (1) of Code Section 11-2-105 and subsection (1) of Code Section 11-9-109;
7. Any contract involving consumer acts or practices or involving consumer transactions as such terms are defined in paragraphs (2) and (3) of subsection (a) of Code Section 10-1-392, relating to definitions in the "Fair Business Practices Act of 1975";
8. Any sales agreement or loan agreement for the purchase or financing of residential real estate unless the clause agreeing to arbitrate is initialed by all signatories at the time of the execution of the agreement. This exception shall not restrict agreements between or among real estate brokers or agents;
517 Code 1981, § 15-23-10, enacted by Ga. L. 1993, p. 1529, § 1; Ga. L. 1997, p. 874, § 5.
518 Code 1933, § 7-301, enacted by Ga. L. 1978, p. 2270, § 1; Code 1981, 9-9-80; Code 1981, 9-9-1, as re-designated by Ga. L. 1988, p. 903, $ 1.)
9. Any contract relating to terms and conditions of employment unless the clause agreeing to arbitrate is initiated by all signatories at the time of the execution of the agreement;
10. Any agreement to arbitrate future claims arising out of personal bodily injury or wrongful death based on tort.519