Ga. Alt. Dis. Res. R. IV

As amended through October 9, 2024

Rule IV - Court Programs

The Georgia Supreme Court encourages every court in Georgia to consider the use of ADR processes to provide a system of justice which is more efficient and less costly in human and monetary terms. The Georgia Supreme Court strongly urges that courts with established mediation programs cooperate with courts seeking to establish new programs. Courts should assist new programs by providing information and by allowing mediator trainees from new programs to observe veteran mediators mediating in established programs for the purpose of completing training requirements.

Any court desiring to develop an ADR program shall apply to the Commission for approval by making its application to the Georgia Office of Dispute Resolution in accordance with rules and guidelines promulgated by the Commission. Applications for programs shall include the following:

1. A description of existing dispute resolution services and resources in the area.

2. A demonstration of need, coordination with existing social services, support of the bench and bar, and community support.

3. A description of the program.

4. A budget for the program.

5. A demonstration of the administrative capacity of the applicant.

Although existing court programs must be approved under these rules, the above requirements should not be construed to prevent existing dispute resolution programs from applying for approval. Review and action of the Commission will be accomplished as efficiently as possible, and every effort will be made to avoid imposing unnecessary burdens upon any court. Funding obtained through local collection of filing fee surcharges will be used for the administration and development of local programs and payment of staff. As specified in the Georgia Court-Connected Alternative Dispute Resolution Act (OCGA §§ 15-23-1 to -12), only local court programs that have been approved by and remain in good standing with the Commission on Dispute Resolution may collect local ADR filing fees. The Commission on Dispute Resolution reserves the right to request financial audits of the Boards of Trustees of the local Funds for the Administration of Alternative Dispute Resolution Programs to ensure that the local court program under a Board's supervision is in compliance with the requirements of the Georgia Court-Connected Alternative Dispute Resolution Act and these ADR Rules and appendices. Appropriate administrative fees may be charged by the Georgia Office of Dispute Resolution for technical assistance and training.

Neutrals serving in court programs must meet the requirements of the Georgia Commission on Dispute Resolution for registration. Although these requirements are threshold requirements for neutrals serving in court programs, courts are free to impose higher qualifications for neutrals who serve in their programs.

Uniform rules governing these programs appear as Appendix A to this rule.

Ga. Alt. Dis. Res. R. IV

Commentary:The Georgia Supreme Court strongly recommends that the program have a full-time administrator.