United States — Louisiana Statutes

RS 9:4101

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This section names the chapter the Louisiana Mediation Act and defines key terms used in it.

• Mediation

RS 9:4102

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Counsel are encouraged to discuss with clients whether mediation is appropriate in any pending civil case.

• Dispute resolution

RS 9:4103

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A court may send a civil case to mediation if a party asks, but some proceedings cannot be referred. If any party objects within 15 days after notice of the order, the mediation order must be rescinded.

• Court procedure
• Mediation

RS 9:4104

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This section sets how a mediator is chosen and appointed after a case is referred to mediation.

• Court process
• Dispute resolution

RS 9:4105

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The ADR Section must maintain an approved register of qualified mediators and provide it, plus a qualifications summary, to participating courts and parties; denied mediators may request review, and the section may charge reasonable fees for administration.

• Fees
• Mediation
• Professional licensing
• Register administration

RS 9:4106

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This section sets qualifications for mediator appointment and continued listing as a qualified mediator.

• Continuing education
• Pro bono service
• Professional licensing

RS 9:4107

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Mediators appointed under this Chapter must follow the stated conduct standards unless the ADR Section adopts a different code, and they must disclose qualifications, a CV, fee schedule, and any past or present conflicts or relationships to all parties after appointment notice.

• Disclosure
• Standards of conduct

RS 9:4108

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A court order sending a case to mediation may require the parties to attend, send position papers and relevant information in advance, and participate meaningfully.

• Dispute resolution
• Litigation process

RS 9:4109

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The parties and mediator must agree in writing on mediation costs before mediation starts, and the parties must pay those costs by the end of mediation unless they agree otherwise.

• Court costs
• Filing fees
• Mediation costs

RS 9:4110

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Mediation procedures are nonbinding unless all parties agree in writing to make them binding.

RS 9:4111

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A written settlement agreement made after mediation is enforceable, and the court may include its terms in the final decree.

• Civil procedure
• Mediation
• Settlement agreements

RS 9:4112

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Mediation communications and records are generally confidential and cannot be disclosed or used as evidence, subject to stated exceptions.

• Disclosure
• Dispute resolution
• Evidence

RS 9:4201

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Written arbitration agreements covered by this section are valid, irrevocable, and enforceable, except on grounds for revoking any contract at law or in equity.

• Contracts
• Dispute resolution

RS 9:4202

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A court must stay a pending suit or proceeding on request if the issue is covered by a written arbitration agreement and the applicant is not in default with the arbitration.

• Dispute resolution

RS 9:4203

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A party harmed by a failure to arbitrate may ask a court to order arbitration, with five days’ written notice to the party in default.

• Contract enforcement
• Court procedure
• Dispute resolution

RS 9:4204

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If the agreement names a way to choose an arbitrator, that method must be used. If it does not, or the method fails, the court may appoint the arbitrator or umpire when a party applies.

• Appointment of arbitrators
• Dispute resolution

RS 9:4205

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Applications to the court under this Chapter must be made and heard as motions, unless this Chapter expressly provides otherwise.

• Court motions

RS 9:4206

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Arbitrators may summon witnesses and documents, and parties may offer relevant evidence; the arbitrator decides admissibility.

• Dispute resolution
• Evidence handling
• Witness attendance

RS 9:4207

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A court of record in the parish where the arbitrators sit may order depositions to be taken for use before the arbitrators.

• Arbitration
• Depositions

RS 9:4208

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The award must be in writing and signed by the arbitrators or a majority of them.

• Dispute resolution