§ 22:2654 — Firm and department mediation requirements

Louisiana § 22:2654

• Jurisdiction: Louisiana
• Title 22: Insurance

Text

§2654. Firm and department mediation requirements
A. A mediation firm, hereinafter referred to as the "firm", that elects to participate
in the program provided in this Chapter shall comply with all of the following:
(1) The firm contacts the department regarding participation in the program.
(2) The firm agrees to the terms and conditions set forth in this Chapter.
(3) The firm provides the department with its official name, contact information,
municipal address, electronic mail address, and telephone number.
(4) The cost of mediation shall be reasonable.
(5) Within five business days after receiving its assignment as the mediation firm,
the firm shall give written notice to the insurer and the insured of its assignment.
(6) The firm shall set the matter for mediation to occur within thirty days of
assignment.
(7) The firm shall be in charge of the mediation and shall establish and describe the
procedures to be followed. The firm shall conduct the mediation in accordance with the
standards of professional conduct for mediation adopted by the American Bar Association
pursuant to R.S. 9:4107.
(8) The firm may meet with the insurer and the insured separately to encourage
meaningful communications, negotiations, and otherwise assist the insurer and the insured
to arrive at a settlement.
(9) All in-person mediations shall be conducted statewide in a metropolitan
statistical area at an office or business location to be selected by the mediation firms. There
shall be no charge to the insurer for use of the venue. If the insurer or the insured prefer to
participate in the mediation remotely via telephone, video conference, or other similar
electronic means is authorized, provided the mediator and all other parties to the mediation
are notified of the preference in advance of the mediation, and as needed to accommodate
remote participation.
(10) The mediation session may last up to ninety minutes of actual mediation with
the insurer and the insured. The ninety minutes shall not include time spent on telephone
calls, document review, research, or any other administrative tasks that the mediator may find
necessary to prepare for the mediation.
B. The department shall maintain a list of firms that elect to participate in the
program that is provided in this Chapter, and the department shall maintain this list on its
website that includes the firm's official name, contact information, municipal address,
electronic mail address, and telephone number.

Legislative History

Acts 2022, No. 591, §1, eff. Jan. 1, 2023.