|
Georgia Constitution, Art VI, Sect. IX,
Para. 1 | Georgia Alternative Dispute Resolution Act | Juvenile
Court Supervision Fee Legislation | Georgia
Child Abuse Reporting Legislation |
Georgia Arbitration Code
The Georgia Court-Connected Alternative Dispute
Resolution Act
15-23-1 Short title.
15-23-2 Definitions.
15-23-3 Board of Trustees of County Fund for
the Administration of Alternative Dispute Resolution Programs.
15-23-4 Secretary-treasurers of boards; creation
of office; selection; duties.
15-23-5 Secretary-treasurers of boards; surety
bonds.
15-23-6 Powers and duties of boards.
15-23-7 Collection of additional legal costs
in civil actions for purposes of providing court-connected or court-referred
alternative dispute resolution programs.
15-23-8 Funds; deposit into special account;
expenditure and investment.
15-23-9 Acceptance of things of value by board
for holding or investment on behalf of program.
15-23-10 Determination of need as prerequisite
to establishment of program.
15-23-11 Compensation of nonvolunteer neutrals
by the parties.
15-23-12 Contracting by boards of several
counties to combine funds; secretary-treasurer for combined fund;
chairperson.
CODE OF GEORGIA
TITLE 15. COURTS
CHAPTER 23. COURT-CONNECTED ALTERNATIVE DISPUTE RESOLUTION
15-23-1 Short title.
This chapter shall be known and may be cited as the "Georgia
Court-connected Alternative Dispute Resolution Act."
(Code 1981, §15-23-1, enacted by Ga. L. 1993, p. 1529, §
1; Ga. L. 1997, p. 874, § 1.)
15-23-2 Definitions.
Definitions.
As used in this chapter, the term:
(1) "Alternative dispute resolution" or "ADR"
refers to any method other than litigation for resolution of disputes.
Alternative dispute resolution methods include mediation, arbitration,
early case evaluation or early neutral evaluation, summary jury
trial, and minitrial.
(2) "Board" means the board of trustees of a Fund
for the Administration of Alternative Dispute Resolution Programs
created by Code Section 15-23-3.
(3) "Fund" means one or more funds created pursuant
to Code Section 15-23-8.
(Code 1981, §15-23-2, enacted by Ga. L. 1993, p. 1529, §
1.)
15-23-3 Board of Trustees of County
Fund for the Administration of Alternative Dispute Resolution Programs.
(a) There is created in each county in this state a board to be
known as the Board of Trustees of the _____________________ County
Fund for the Administration of Alternative Dispute Resolution Programs.
The board shall consist of:
(1) The chief judge of the superior court of the circuit in
which the county is located, or the superior court judge with
the longest service if there is no chief judge, or a superior
court judge designated by the chief judge or the judge with the
longest service;
(2) The chief judge of the state court, if any, or the state
court judge with the longest service if there is no chief judge,
or a state court judge designated by the chief judge or the judge
with the longest service;
(3) The judge of the probate court;
(4) The presiding judge of the juvenile court, if any, or a
juvenile court judge designated by that judge;
(5) The chief magistrate or a magistrate designated by the chief
magistrate;
(6) The clerk of the superior court; and
(7) One practicing attorney appointed by other members of the
board.
(b) The superior court judge on the board shall serve as chairperson
of the board. The member who is the practicing attorney shall serve
at the pleasure of the other members of the board. All members shall
serve without compensation. A majority of the members of the board
shall constitute a quorum for the transaction of all business that
may come before the board.
(c) A member who represents a court which does not participate
in the alternative dispute resolution program and against whose
litigants the additional costs authorized by this chapter are not
assessed may attend all meetings but will be a nonvoting member
of the board. The presence of such a member shall not be counted
in determining the constitution of a quorum.
(d) Members of any board of trustees of any county fund and other
personnel acting in a policy-making capacity shall be immune from
any action arising from any act, statement, decision, or omission
relating to the implementation of the purposes of this chapter
unless the act, statement, decision, or omission is:
(1) Grossly negligent and made with malice; or
(2) In willful disregard of the safety or property of any party
to the alternative dispute process.
(Code 1981, § 15-23-3, enacted by Ga. L. 1993, p. 1529, §
1; Ga. L. 1997, p. 874, § 2.)
15-23-4 Secretary-treasurers of boards;
creation of office; selection; duties.
There is created an office to be known as secretary-treasurer of
the board of trustees of the County Fund for the Administration
of Alternative Dispute Resolution Programs in each county. The secretary-treasurer
shall be selected and appointed by the board and shall serve at
the pleasure of the board. The board may appoint one of its own
members as secretary-treasurer or, in its discretion, may designate
some other person to act as secretary-treasurer of the board. The
secretary-treasurer of the board shall perform the duties provided
for the treasurer in this chapter.
(Code 1981, § 15-23-4, enacted by Ga. L. 1993, p. 1529, §
1.)
15-23-5 Secretary-treasurers of boards;
surety bonds.
The secretary-treasurer of the board shall give a good and sufficient
surety bond, payable to the fund in such an amount as may be determined
by the board, to account faithfully for all funds received and disbursed
by him or her. The premium on the bond shall be paid out of the
fund in such county. A secretary-treasurer who is designated by
a combined board of several counties as provided by Code Section
15-23-12 may satisfy the bonding requirement with one bond. If the
secretary-treasurer is already bonded by virtue of being a state
employee, such a bond as a state employee will satisfy the bonding
requirement.
(Code 1981, § 15-23-5, enacted by Ga. L. 1993, p. 1529, 1;
Ga. L. 1997, p. 874, § 3.)
15-23-6 Powers and duties of boards.
(a) The board is given the following powers and duties:
(1) To provide for the collection of all money provided for
in this chapter;
(2) To manage, control, and direct such fund and the expenditures
made therefrom;
(3) To distribute the moneys coming into the fund in such manner
and subject to such terms and limitations as the board, in its
discretion, shall determine will best meet the purpose of this
chapter in promoting the alternative resolution of disputes and
the efficient administration of justice;
(4) To contract for the investment, pooling, and expenditure
of funds;
(5) To adopt such rules and regulations as may be necessary
to manage such fund and provide for such programs;
(6) To keep records of all its meetings and proceedings; and
(7) To exercise all other powers necessary for the proper administration
of the funding mechanism provided for in this chapter.
(b) In addition to the powers and duties listed in subsection (a)
of this Code section, the board is authorized in its discretion
to create a nonprofit corporation for the purpose of administering
an alternative dispute resolution program and soliciting funding
for such a program from any lawful source. The trustees or directors
of any such nonprofit corporation shall be appointed by the board
for terms not to exceed three years.
(Code 1981, § 15-23-6, enacted by Ga. L. 1993, p. 1529, §
1; Ga. L. 1997, p. 874, § 4.)
15-23-7 Collection of additional legal
costs in civil actions for purposes of providing court-connected
or court-referred alternative dispute resolution programs.
(a) For the purposes of providing court-connected or court-referred
alternative dispute resolution programs, a sum not to exceed $7.50,
in addition to all other legal costs, may be charged and collected
in each civil action or case filed in the superior, state, probate,
and magistrate courts and other courts within the county that have
the same powers and jurisdiction as state or magistrate courts.
(b) A case, within the meaning of this Code section, shall mean
and be construed as any matter which is docketed upon the official
dockets of the enumerated courts and to which a number is assigned,
whether such matter is contested or not.
(c) The amount, if any, to be collected in each case shall be fixed
in an amount not to exceed the applicable amount set out in subsection
(a) of this Code section by the chief judge of the superior court
or, if there is no chief judge, by the superior court judge with
the longest service, who shall, after advising and notifying the
chairperson of the county governing authority, order the clerk to
collect said fees and remit them to the treasurer of the county
fund for the administration of alternative dispute resolution programs.
No such additional costs shall be charged and collected unless the
chief judge of the superior court or such chief judge's designee,
or if there is no chief judge, the superior court judge with the
longest service or such judge's designee first determines that a
need exists for an alternative dispute resolution program in one
or more of the courts within the county. The chief judge of the
superior court or the designee of the chief judge or, if there is
no chief judge, the superior court judge with the longest service
or the designee of such judge may propose, as to a given court,
the collection of an amount exceeding $7.00, but in no event to
exceed the applicable amount set out in subsection (a) of this Code
section; provided, however, that approval of the board member representing
the affected court is necessary before imposition upon litigants
of that court of costs authorized by this chapter exceeding $7.00.
(d) The clerk of each and every such court in such counties shall
collect such fees and remit the same to the treasurer of the board
of the county in which the case was brought, on the first day of
each month. No change in the amount collected pursuant to this Code
section may be made within a period of 12 months from the date of
a previous change.
(e) Juvenile court supervision fees collected pursuant to Code
Section 15-11-71 may be used for mediation services provided by
court programs pursuant to this chapter.
(Code 1981, § 15-23-7, enacted by Ga. L. 1993, p. 1529, §
1; Ga. L. 1997, p. 874, § 4; Ga. L. 1998, p. 128, § 15;
Ga. L. 2000, p. 20, § 4.)
15-23-8 Funds; deposit into special account;
expenditure and investment.
(a) The board shall have control of the funds provided for in this
chapter. All funds received shall be deposited in a special account
to be known as the _______________ County Fund for the Administration
of Alternative Dispute Resolution Programs. The board shall have
authority to expend the funds in accordance with this chapter and
to invest any of the funds so received in any investments which
are legal investments for fiduciaries in this state.
(b) Boards shall comply with and be subject to the audit requirements
of Code Section 36-81-7.
(Code 1981, § 15-23-8, enacted by Ga. L. 1993, p. 1529, §
1; Ga. L. 1997, p. 874, § 4.)
15-23-9 Acceptance of things of value
by board for holding or investment on behalf of program.
The board may take, by gift, grant, devise, or bequest, any money,
real or personal property, or other thing of value and may hold
or invest the same for the uses and purposes of the provision and
operation of alternative dispute resolution programs.
(Code 1981, § 15-23-9, enacted by Ga. L. 1993, p. 1529, §
1.)
15-23-10 Determination of need as prerequisite
to establishment of program.
No alternative dispute resolution program 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 program 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, has developed a program meeting
the standards of the Georgia Supreme Court's Uniform Rule for Alternative
Dispute Resolution Programs. Pursuant to the standards set forth
in the Georgia Supreme Court's Uniform Rule for Alternative Dispute
Resolutions Programs, the funding mechanism set forth in this chapter
shall be available to court programs 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:
(1) The case is appropriate for the process;
(2) The parties are able to compensate the neutral if compensation
is required; and
(3) A need for emergency relief makes referral inappropriate
until the request for relief is heard by the court.
(Code 1981, § 15-23-10, enacted by Ga. L. 1993, p. 1529, §
1; Ga. L. 1997, p. 874, § 5.)
15-23-11 Compensation of nonvolunteer
neutrals by the parties.
(a) Under guidelines promulgated by the Georgia Commission on Dispute
Resolution, a court may set an hourly rate for compensation of nonvolunteer
neutrals by the parties. Such costs shall be predicated upon the
complexity of the litigation, the skill level needed by the neutral,
and the litigants' ability to pay.
(b) Under guidelines promulgated by the Georgia Commission on Dispute
Resolution, a court may set a user's fee for alternative dispute
resolution processes.
(Code 1981, § 15-23-11, enacted by Ga. L. 1993, p. 1529, §
1.)
15-23-12 Contracting by boards of several
counties to combine funds; secretary-treasurer for combined fund;
chairperson.
Notwithstanding any other provision of this chapter, the board
of trustees of each county fund is authorized by contract to combine
such fund with the fund of any other county or counties within the
same judicial circuit, within the same administrative district,
or in any other combination which would foster an efficient use
of available resources. Any such combined fund created by any such
contract shall be administered by a board of trustees which shall
be composed of the judicial members and the clerks who are members
of the boards of trustees of each participating county fund without
the participating attorney members thereof but with one practicing
attorney appointed by the members of the combined board. In the
event two or more county funds are combined, the board of trustees
of the combined fund may appoint a secretary-treasurer for the combined
fund who shall perform such duties as may be provided by the combined
board of trustees and who shall give bond in the same manner as
provided by Code Section 15-23-5. The combined board shall be chaired
by the chairperson of one of the constituent county boards elected
by the combined board as provided by contract. In the event two
or more boards combine as provided in this Code section, the judges
of the courts within such combined territory are authorized to combine
programs for such courts to provide for the most efficient use of
available resources in providing alternative dispute resolution
programs.
(Code 1981, § 15-23-12, enacted by Ga. L. 1993, p. 1529, §
1.)
Back to the top
|
