United States — Louisiana
RS 9:4101
1 provisions
This section names the chapter the Louisiana Mediation Act and defines key terms used in it.
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United States — Louisiana
RS 9:4102
1 provisions
Counsel are encouraged to discuss with clients whether mediation is appropriate in any pending civil case.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4103
1 provisions
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 If any party objects within 15 days after notice of the order, the mediation order must be rescinded.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4104
1 provisions
This section sets how a mediator is chosen and appointed after a case is referred to mediation.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4105
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4106
1 provisions
This section sets qualifications for mediator appointment and continued listing as a qualified mediator.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4107
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4108
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4109
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4110
1 provisions
Mediation procedures are nonbinding unless all parties agree in writing to make them binding.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4111
1 provisions
A written settlement agreement made after mediation is enforceable, and the court may include its terms in the final decree.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4112
1 provisions
Mediation communications and records are generally confidential and cannot be disclosed or used as evidence, subject to stated exceptions.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4201
1 provisions
Written arbitration agreements covered by this section are valid, irrevocable, and enforceable, except on grounds for revoking any contract at law or in equity.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4202
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4203
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4204
1 provisions
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.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4205
1 provisions
Applications to the court under this Chapter must be made and heard as motions, unless this Chapter expressly provides otherwise.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4206
1 provisions
Arbitrators may summon witnesses and documents, and parties may offer relevant evidence; the arbitrator decides admissibility.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4207
1 provisions
A court of record in the parish where the arbitrators sit may order depositions to be taken for use before the arbitrators.
Act or statute Open & ChatUnited States — Louisiana
RS 9:4208
1 provisions
The award must be in writing and signed by the arbitrators or a majority of them.
Act or statute Open & Chat