La. Admin. Code tit. 1 § III-901

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-901 - Mediation (formerly Section 701)

A. Any party may request a pre-trial mediation conference.

B. Mediation shall not be conducted over the objection of a party.

C. The administrative law judge to whom the case was originally assigned shall not conduct the mediation. The order setting the matter for mediation shall designate another administrative law judge to act as mediator.

D. Each party, representative, or attorney shall negotiate in good faith, and be prepared to obtain the authority necessary to settle and compromise the adjudication. The mediator may permit a telephone appearance in lieu of a personal appearance for good cause or convenience of the parties.

E. Mediation shall not unduly delay the hearing schedule. The presiding administrative law judge may continue scheduled dates upon the motion of a party or on his/her own motion.

F. Confidentiality of mediations shall be governed by R.S. 9:4112.

G. Each party or representative should submit to the assigned mediator, at least one day prior to the conference, information sufficient to explain the nature and circumstances of the case. The submittals need not be in any certain form and may consist of any documents, exhibits, or writings the party wishes the mediator to consider before the conference. The mediator may use all statements, documents, exhibits or other types of information submitted, as he/she deems appropriate to foster settlement unless a party has expressly stated otherwise.

H. The mediator shall not draft settlement agreements. Agreements may be recited on the record before the presiding administrative law judge and later reduced to writing by the parties or their representatives.

La. Admin. Code tit. 1, § III-901

Promulgated by the Department of Civil Service, Division of Administrative Law, LR 28:45 (January 2002), repromulgated LR 46323 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 49:991 et seq.