Alternative Dispute Resolution - Louisiana

Summary of differences between federal and state regulations

Federal law supporting alternative dispute resolution is found in the Administrative Dispute Resolution Act of 1996, 5 USC Sec. 571 – 584, and the Federal Arbitration Act, 9 USC Sec. 1 – 16. These laws provide some detail on ADR, but also leave it to various parties (government agencies, for instance) to adopt various forms of alternative dispute resolution.

In addition to the federal law, there are numerous state laws on ADR.  In fact, thirty-five states have adopted the Uniform Arbitration Act as state law. Several states have also adopted the Revised Uniform Arbitration Act.

Below is a summary of Louisiana’s requirements regarding ADR.  Consult the regulatory links for detailed information.

Arbitration

Under Louisiana law, a provision in any written contract to settle by arbitration a controversy thereafter arising out of the contract, or out of the refusal to perform the whole or any part thereof, or an agreement in writing between two or more persons to submit to arbitration any controversy existing between them at the time of the agreement to submit, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.

Mediation

A court order referring a case to mediation may require any or all of the following:

• Attendance of parties, including those persons with authority to negotiate and enter into binding settlement agreements.
• Advance submission to other parties and the mediator of a position paper and relevant documents or information.
• Minimal meaningful participation by parties and their counsel during the procedure.

State

Contacts

Federal Mediation and Conciliation Service

National Labor Relations Board (Region 15)

Regulations

Binding Arbitration Law

Louisiana Revised Statutes, Title 9, Code Book III, Code Title XIX, Chapter 2, Sections 9:4201 through 9:4217
http://legis.la.gov/Legis/Law.aspx?d=107909

Louisiana Mediation Act

Louisiana Revised Statutes, Title 9, Code Book III, Code Title XIX, Chapter 1, Sections 9:4101 through 9:4112
http://legis.la.gov/Legis/Law.aspx?d=107897

Federal

Contacts

Federal Mediation and Conciliation Service

National Labor Relations Board

Regulations

The Administrative Dispute Resolution Act of 1996, 5 USC sec. 571 – 584

The Federal Arbitration Act, 9 USC sec. 1 – 16