Mediation and Arbitration in Georgia Car Accident Cases
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Mediation and arbitration are two different things. In mediation, a neutral helps the parties negotiate, and nothing is decided unless both sides agree. In arbitration, a neutral decides the dispute, and under the Georgia Arbitration Code a court can vacate the award only on narrow grounds. For one car accident claim, uninsured motorist coverage, Georgia law forbids policy provisions that require arbitration.
Mediation and arbitration compared
| Mediation | Arbitration | |
|---|---|---|
| Who decides | The parties, by agreement | The arbitrator |
| Binding | Only if the parties sign a settlement | Yes, subject to narrow court review |
| How it arises | Agreement of the parties, or a court referral where the court's rules provide one | An agreement to arbitrate |
| Court review | None needed; a signed settlement is a contract | An application to vacate within three months, on the grounds in O.C.G.A. § 9-9-13 |
Mediation
Mediation is a negotiation with a neutral present. The mediator does not rule on fault or value. If the parties reach terms, they sign a settlement, which is then a contract like any other; the release terms deserve the same attention as in any settlement. If they do not, the case continues. How negotiation and releases work is covered in how settlement negotiations work in Georgia car accident cases.
Arbitration
Arbitration requires an agreement to arbitrate. Once an award is made, a party may apply to vacate it “within three months after delivery of a copy of the award” (§ 9-9-13(a)), and for a party who participated, the award is vacated only if the court finds the party’s rights were prejudiced by one of five grounds (§ 9-9-13(b)):
- Corruption, fraud, or misconduct in procuring the award.
- Partiality of an arbitrator appointed as a neutral.
- The arbitrators overstepping their authority, or executing it so imperfectly that no final and definite award was made.
- A failure to follow the statute’s procedure, unless the party continued without objection.
- “The arbitrator’s manifest disregard of the law.”
A disagreement with the arbitrator’s view of the facts is not on the list.
Uninsured motorist claims are not arbitrated by requirement
O.C.G.A. § 33-7-11(g) provides that no uninsured motorist endorsement or provision “shall contain a provision requiring arbitration of any claim arising under any endorsement or provisions,” and that the insured may not be “restricted or prevented, in any manner, from employing legal counsel or instituting legal proceedings.” A dispute with your own UM carrier over a crash is decided in court unless both sides later agree otherwise. How UM claims proceed is explained in Georgia UM/UIM coverage.
Choosing between them
For example, imagine a dispute over the value of a soft tissue injury where fault is clear. Mediation lets both sides test their numbers with a neutral and keeps the right to trial if no deal is reached. Agreeing to binding arbitration instead trades the right to a jury and to full appeal for a decision by the arbitrator. The example is illustrative only.
Sources
- O.C.G.A. § 9-9-13 (text of the Official Code of Georgia Annotated, November 2022 release); § 33-7-11(g) (text as published in March 2024).
This page describes Georgia law as of October 2026 for general information. It is not legal advice and does not create an attorney-client relationship.