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 Revised Statute 9.332 - Custody or visitation proceeding, mediation
- Louisiana Revised Statute 9:4101-4112 - Louisiana Mediation Act
- Louisiana Revised Statute 9:4202-4217 - Louisiana Binding Arbitration Law
- Louisiana Revised Statute 9:4230-4276 - Arbitration of Medical and Dental
- Louisiana Revised Statute 46:1846 - Communication between offender and victim prohibited
- Louisiana Children's Code 437 - Referral to mediation
State Office of Court ADR:
- No full-time state court ADR office.
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Louisiana Revised Statute 9:4230-4276 - Arbitration of Medical and Dental
Louisiana State Legislature. Nov. 1, 2018Resource Type: Legislation
Abstract: Under this statute, parties may enter into voluntary arbitration agreements regarding medical or dental services. These procedures are to be performed by a state or federal district court. ...
Louisiana Revised Statute 9:4101-4112 - Louisiana Mediation Act
Louisiana State Legislature. Nov. 1, 2018Resource 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 Revised Statute 9:4202-4217 - Louisiana Binding Arbitration Law
Louisiana State Legislature. Nov. 1, 2018Resource 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 Revised Statute 46:1846 - Communication between offender and victim prohibited
Louisiana State Legislature. Nov. 1, 2018Resource 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 Revised Statute 9:332 - Custody or visitation proceeding, mediation
Louisiana State Legislature. Nov. 1, 2018Resource 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 437 - Referral to mediation
Louisiana State Legislature. Jan. 1, 2018Resource 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
No Rules for this State
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs
AFCC Court Services Task Force Exemplary Practices Sub-Committee. May. 1, 2005Resource Type: Report
Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...
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...
Contacts
Louisiana State Bar Association Section of Alternative Dispute Resolution
Louisiana State Bar Association. Apr. 1, 2019Resource Type: Organization
Abstract: The Louisiana State Bar Association Section of Alternative Dispute Resolution promotes reasonable dispute resolution alternatives to litigation and share information on mediator requirements, the statewide mediator registry, iformation on ADR trianin...