Legal Statutes

In the State of Louisiana, Appendix 1 of the Civil Code, Revised Statues, Title 9, Part III (Child Evaluation and Mediation), Subpart A, (Evaluation and Mediation) outlines the following:

Custody or visitation proceeding

  1. The court may order the parties to mediate their differences in a custody or visitation proceeding. The mediator may be agreed upon by the parties or, upon their failure to agree, selected by the court. The court may stay any further determination of custody or visitation for a period not to exceed thirty days from the date of issuance of such an order. The court may apportion the costs of the mediation between the parties if agreement is reached on custody or visitation. If mediation concludes without agreement between the parties, the costs of mediation shall be taxed as costs of court. The costs of mediation shall be subject to approval by the court.

  2. If an agreement is reached by the parties, the mediator shall prepare a written, signed and dated agreement. A consent judgment incorporating the agreement shall be submitted to the court for its approval.

  3. Evidence of conduct or statements made in mediation is not admissible in any proceeding. This rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of mediation. Facts disclosed, other than conduct or statements made in mediation, are not inadmissible by virtue of first having been disclosed in mediation.

Duties of a mediator

  1. The mediator shall assist the parties in formulating a written, signed and dated agreement to mediate which shall identify the controversies between the parties, affirm the parties' intent to resolve these controversies through mediation, and specify the circumstances under which the mediation may terminate.

  2. The mediator shall advise each of the parties participating in the mediation to obtain review by an attorney of any agreement reached as a result of the mediation prior to signing such an agreement.

  3. The mediator shall be impartial and has no power to impose a solution on the parties.

Dec 14 2010

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