Louisiana
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Louisiana. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Louisiana can be found in RSI’s Research Library and in Reports below.
State Legislation
- Louisiana Code Title XIX, Ch. 1 - Louisiana Mediation Act
- Louisiana Children's Code Title IV, Ch. 6 - Mediation
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Louisiana Revised Statutes Chapter 21-B, Sec. 1846 - Communication between offender and victim prohibited
Louisiana State Legislature. Jan. 1, 2008Resource Type: Legislation
Abstract: This section addresses communication between the victim and offender in criminal cases. An offender is prohibited from communicating in any way with the victim or the victim's immediate family members. The offender and victim may communicate if certa...
Louisiana Codified Laws: Children's Code, Art. 437 - Referral for Mediation
Louisiana State Legislature. Jan. 1, 1970Resource Type: Legislation
Abstract: This article states that, except in cases of domestic abuse, the court may "order the referral for mediation in any proceeding authorized by this Code." While the order requires party attendance and good faith participation in a mediation session, re...
Louisiana Code Title XIX, Ch. 1 - Louisiana Mediation Act
Louisiana State Legislature. Jan. 1, 1970Resource Type: Legislation
Abstract: The Louisiana Mediation Act promotes the use of mediation to settle civil disputes. Counsel is encouraged to discuss the appropriateness of using mediation and a court may refer a civil case to mediation. The statute addresses the referral process an...
Louisiana Code Title XIX, Ch. 2 - Louisiana Binding Arbitration Law
Louisiana State Legislature. Jan. 1, 1970Resource Type: Legislation
Abstract: This law stipulates that arbitration can occur as a result of a contract or agreement and is valid and enforceable, "save upon such grounds as exist at law or in equity for the revocation of any contract." Arbitrators may compel any person to attend ...
Louisiana Code, Title V, Ch. 1, Part III - Subpart A Evaluation and Mediation
Louisiana State Legislature. Jan. 1, 1994; amended July 1, 2009Resource Type: Legislation
Abstract: This section discusses mediation in child custody or visitation cases in Louisiana. The court may order parties to mediation and will select a mediator if the parties cannot agree to one. Cost, agreement, duties of mediator and mediator qualification...
Louisiana Children's Code Title IV, Ch. 6 - Mediation
Louisiana State Legislature. January 1, 1992; current as of 2011Resource Type: Legislation
Abstract: Under this chapter, the court may refer juvenile cases to mediation in order to 'encourage and assist parties to reach a mutually acceptable settlement.' The chapter addresses issues of attendance, mediator selection and qualifications, mediator duti...
Rules
Louisiana District Court Rules for Civil Proceedings in District Courts, Rule 11: Alternative Dispute Resolution and Special Masters
Supreme Court of Louisiana. April 1, 2002; current as of June 1, 2012Resource Type: Rules - Court
Abstract: Through this rule the District Court of Louisiana declares support and encouragement for the use of alternative dispute resolution measures and refers counsel to the Louisiana Mediation Act....
Louisiana 10th Judicial District Court Rule 38.5: Child Custody or Visitation Proceedings; Mediation
10th Judicial District Court of Louisiana. Adopted 1985; current as of June 1, 2012Resource Type: Rules - Court
Abstract: This rule establishes that custody and visiting proceedings can be sent to mediation on motion by either the judge or the parties. If a judge finds that custody and visiting issues are contested and it appears in the best interests of the child, the ...
Reports
An Analysis of the Orleans Parish Civil District Court Pilot Mediation Program
Averill, Timothy F.. Apr. 1, 1994Resource Type: Evaluation
Resource Type: Mediation Efficacy Study
Abstract: This generally qualitative study examines user perceptions of fairness and satisfaction as well as the impact of mediation on the settlement of disputes. Through survey forms distributed to lawyers and parties who participated in mediation, the study...