CHAPTER 6. MEDIATION Art. 435. Purpose The purpose of mediation is to encourage and assist parties to reach their own mutually acceptable settlement by facilitating communication, helping to clarify issues and interests, fostering joint problem-solving, and exploring settlement alternatives. Acts 1999, No. 894, §1.
Art. 436. Definitions (1) "Approved register" means the register of qualified mediators prepared and maintained by the Alternative Dispute Resolution Section of the Louisiana State Bar Association. (2) "Mediation" is a procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and […]
Art. 437. Referral for mediation A. At any time the court may order the referral for mediation in any proceeding authorized by this Code, except domestic abuse assistance proceedings brought pursuant to Chapter 8, Title XV. B. The referral order shall recite that while the parties must attend a scheduled mediation session and must attempt […]
Art. 438. Selection and appointment of mediator; disclosure; revocation A. Once an order referring a case for mediation has been signed, the parties are encouraged to mutually agree upon a person to be appointed as the mediator from among those qualified in accordance with Article 439. Upon such agreement, the parties shall submit the mediator’s […]
Art. 439. Qualifications of mediator A. In order to serve as a qualified mediator in any dispute arising under the provisions of this Code, in a court of original juvenile jurisdiction, a person shall meet all of the following criteria: (1)(a) Possess a four-year college degree and complete a minimum of forty hours of general […]
Art. 439.1. Duties of mediator A. The mediator shall assist the parties in formulating an agreement to mediate. The agreement shall be in writing, dated, and signed by the parties. It shall identify the controversies between the parties, affirm the parties’ intent to resolve these controversies through mediation, and specify the circumstances under which the […]
Art. 440. Stay of proceeding; extension Upon issuing a referral for mediation, the court may stay the proceeding and order a review of the mediation within sixty days of the referral. The court may extend such period for an additional thirty days. Acts 1999, No. 894, §1.
Art. 441. Confidentiality A. All oral and written communications and records made during the mediation of a juvenile proceeding are not subject to disclosure and may not be used as evidence in any judicial or administrative proceeding unless: (1) The communication or record presented in the course of mediation is otherwise subject or is otherwise […]
Art. 442. Termination of mediation A. Either party may withdraw and terminate further participation in mediation at any time. B. The mediator shall terminate mediation when: (1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process or that an agreement is unlikely. (2) The mediator concludes that a […]
Art. 443. Preparation of agreement; court approval A. If any agreement is reached by the parties, the mediator shall prepare a written document that contains the details of the agreement between or among the parties. B. A proposed consent judgment incorporating the agreement shall be prepared by the mediator, signed by the parties, and submitted […]
Art. 444. Judicial oversight; periodic evaluation; contempt proceedings A. The court has the continuing responsibility for monitoring the conduct of any mediator to whom the court has referred a case. In fulfilling that responsibility to ensure quality control, the court shall order the mediator to prepare regular statistical reports regarding cases referred for mediation. The […]
Art. 445. Supplementary local rules Pursuant to Article 401, each court is authorized to adopt additional local rules as needed in order to implement mediation to resolve disputes in juvenile proceedings. Acts 1999, No. 894, §1.
