RS 29.2 - Alternative dispute resolution for disputes relating to remediation of oilfield sites and exploration and production sites
A. This Section establishes procedures that apply to any dispute subject to the provisions of R.S. 30:29.
B. Within sixty days after the end of the stay of litigation required by R.S. 30:29(B)(1), the parties shall meet and confer in an effort to assess the dispute, narrow the issues, and reach agreements useful or convenient for the litigation of the action.
C. On any party's motion filed subsequent to the close of all discovery or five hundred fifty days after commencement of the action, whichever occurs first, the court shall enter an order compelling the parties to enter nonbinding mediation. The motion shall be served on all parties, but a contradictory hearing shall not be required.
D. If the court enters an order compelling mediation, the clerk of court shall mail or otherwise deliver a copy of the order to all parties.
E.(1) If the court has entered an order compelling mediation and the parties cannot agree within fifteen days after notice of the order to such matters as the date, time, and place of the mediation, the identity of the mediator, provisions for compensation of the mediator, or any other details regarding the conduct of the mediation, the parties shall so notify the court and, after contradictory hearing, the court may issue orders reasonably necessary to determine such matters and any other matters, except as provided in Subsection F of this Section, necessary or convenient to provide for the conduct of the mediation.
(2) A mediator appointed pursuant to this Section shall qualify as a mediator pursuant to R.S. 9:4106(A)(1)(a) or (2).
F. Responsibility for the mediator's fees and any expenses associated with the location of the mediation shall be based on the parties' agreement. In the absence of an agreement, the party moving for the mediation shall be responsible for payment of those fees and expenses.
G. At any mediation held pursuant to this Section, a representative of each party who has settlement authority or who is in direct contact with a person having settlement authority on behalf of the party shall be present. If a party fails to comply with this requirement, the court may, in its discretion and after contradictory hearing, order that party to pay costs and attorney fees associated with the mediation.
Acts 2015, No. 448, §1.
NOTE: Applicable to actions filed after 8/1/15 and those for which actual date had not been set prior to 8/1/15, for which trial is set to begin after 2/1/16, or trial is continued after 2/1/16.