RS 5221 - Settlement agreement
A. A program facilitator shall guide the parties through the program and assist them in reaching a settlement. To reach a settlement, the facilitator may provide information to a party regarding procedure and may comment on the merits of the claim or defenses provided.
B. Once the facilitation has begun, if the plaintiff fails to respond to the facilitator within ten days, the facilitator may notify the defendant of the ability to file a request to dismiss the case.
C. If the parties settle the claim, the parties may request the facilitator prepare the online settlement agreement form to be executed by the parties, which shall set forth the terms agreed to by the parties and will state that if the judgment debtor breaches the agreement, the judgment creditor may ask the court to enter judgment in the amount that remains owing under the settlement agreement.
D. Either party may elect to have the court render a judgment at the time the settlement agreement is entered or after the judgment debtor fails to comply with the settlement agreement.
E. Settlement agreements that contain performance-related terms, such as the return of corporeal movable property or performance of a service, will not be enforceable by the court in event of a breach. The agreement shall provide for a monetary recovery in the event of nonperformance.
F. If the parties do not settle the claim, the facilitator shall terminate the program and notify the clerk of court to set the matter for a trial de novo. The facilitator shall provide the court with a concise description of the issues and as much relevant information as possible. The facilitator shall also assist the parties in preparing a form to submit to the court that includes information and documents provided during the program that are relevant to the dispute and agreed upon by both parties. The subsequent proceeding will be governed by R.S. 13:5200 et seq.
Acts 2021, No. 281, §1.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.