This text of Louisiana § 30:29.2 (Alternative dispute resolution for disputes relating to remediation of oilfield sites and) is published on Counsel Stack Legal Research, covering Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§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 hea
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§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.
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.