Louisiana § 13:5221 Settlement agreement

Louisiana Statutes

§ 13:5221 — Settlement agreement

Louisiana·Title 13 Courts and Judicial Procedure

§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

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§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.
NOTE: See R.S. 13:5226 regarding termination of this Part on Aug. 1, 2025.