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Court ADR Across the U.S.

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Louisiana

Summary

Authority for Court ADR Derives from:

State Courts

  • Louisiana Code Title XIX, Ch. 1 - Louisiana Mediation Act
  • Louisiana Children's Code Title IV, Ch. 6 - Mediation

Federal Courts

  • Alternative Dispute Resolution Act of 1998

State Office of Court ADR:

  • No full-time state court ADR office.

Court ADR Processes Available:

Appellate

  • Settlement Conference

Bankruptcy

  • Mediation
  • Summary Jury Trial

Child Custody & Visitation

  • Mediation

Civil

  • Early Neutral Evaluation
  • Mediation

Funding Sources that Support Court ADR:

  • Party Fees

Statutes

Louisiana Revised Statutes Chapter 21-B, Sec. 1846 - Communication between offender and victim prohibited

Louisiana State Legislature. 2008

Resource 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. 1999; amended 2007

Resource 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. 1997; amended July 1, 1999

Resource 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. 1997; current as of 2009

Resource 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, 2009

Resource 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 2011

Resource 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

U.S. Bankruptcy Court for the Western District of Louisiana: Voluntary Mediation Program and Procedural Requirements

U.S. Bankruptcy Court for the Western District of Louisiana. Sep. 17, 2004

Resource Type: Rules - Court

Abstract: Under this rule, the court may refer any adversary proceeding or contested matter to under mediation only upon request by all parties involved. The court shall maintain a register of approved mediators from which the parties will select a mediator an...

U.S. Bankruptcy Court for the Eastern District of Louisiana Rule 9019-2: Alternative Dispute Resolution

U.S. Bankruptcy Court for the Eastern District of Louisiana . Adopted June 2, 2004; amended May 10, 2005

Resource Type: Rules - Court

Abstract: If the court determines at any time that the case will benefit from alternative dispute resolution, the court may refer the case to private mediation with the consent of the parties, request the chief judge of the district court to order non-binding ...

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, 2012

Resource 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....

U.S. District Court for the Middle District of Louisiana, ADR Appendix to Uniform Local Rules 16.3.1 M: Rules for Alternative Dispute Resolution

Mar. 2001

Resource Type: Rules - Court

Abstract: These are the rules for the alternative dispute resolution program in general in the U.S. District Court for the Middle District of Louisiana. The rules especially highlight mediation and early neutral evaluation. The rules cover case eligibility and...

U.S. District Court for the Middle District of Louisiana Rules for Alternative Dispute Resolution

U.S. District Court for the Middle District of Louisiana. Amended March 1, 2001

Resource Type: Rules - Court

Abstract: Under these rules, the court may refer any civil case to ADR on its own discretion or at the request of any parties, though parties may file objections. The rule specifies the duties of all member of the ADR unit, as well as the qualifications, dutie...

U.S. District Court for the Western District of Louisiana Rule 16.3.1 - Alternative Dispute Resolution

U.S. District Court for the Western District of Louisiana. April 18, 2000

Resource Type: Rules - Court

Abstract: Under this rule, a judge may, with the prior approval of the parties or their counsel, refer a civil matter to a mediator chosen either by the judge or by the parties. The rule outlines procedures for conducting the mediation session, including sched...

U.S. Court of Appeals for the 5th Circuit General Order Governing the Appellate Conference Program

U.S. Court of Appeals for the 5th Circuit. March 27, 2000

Resource Type: Rules - Court

Abstract: This order governs procedure for conducting conferences in matters selected for participation in the court's appellate conference program, or referred to the program by the court. The order provides requirements regarding notification and scheduling,...

U.S. District Court for the Eastern District of Louisiana Rule 16.3.1 - Alternative Dispute Resolution

U.S. District Court for the Eastern District of Louisiana. Adopted June 2, 1999; amended February 1, 2011

Resource Type: Rules - Court

Abstract: If the presiding judicial officer determines at any time that a case will benefit from ADR, the officer may refer the case to private mediation with the consent of the parties, order non-binding mini-trial or non-binding summary jury trial with conse...

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, 2012

Resource 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. 1994

Resource 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...

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