La. Admin. Code tit. 43 § XXIX-133

Current through Register Vol. 50, No. 8, August 20, 2024

Section XXIX-133 - Mediation

A. No state trustee or responsible party may invoke the jurisdiction of any court over a disputed natural resource damage assessment claim unless and until the assessment claim has been referred to mediation pursuant to this Section.

B. The mediation process required by R.S. 30:2480.G shall be conducted pursuant to this Subsection.

1. The coordinator, within 10 days of receipt of the written notice that the responsible party is disputing the assessment claim, shall send written notification to all parties of the referral to mediation.

2. Each side is entitled to one mediator. If the state trustees and the responsible party agree on a single person to serve as mediator, then that person shall be the only mediator.

3. Any designated mediator must have completed a minimum of 40 classroom hours of mediation training in a course conducted by an alternative dispute resolution system or other dispute resolution organization. This requirement may be waived for any mediator only with the unanimous consent of all state trustees and all responsible parties. A mediator conducting a mediation under this Section shall act as an impartial third party and be subject to the standards and duties set forth.

4. Before appointment of the mediator is final, any prospective mediator shall submit complete disclosure statements for the approval of all parties, which statements shall include a resume of experience, together with a declaration describing all past, present, and anticipated future relationships related to the subject matter of the dispute and with all parties and their agents or representatives involved in the dispute.

5. After appointment as a mediator and thereafter throughout the mediation process, the mediator shall not acquire any ownership or any other financial interest in, nor shall be employed by or act as a consultant to, any party to the dispute or the agent or representative of any party to the dispute, and during this period shall not engage in any discussion or make any agreement with any party to the dispute or the agent or representative of any party to the dispute, regarding the acquisition of any ownership or financial interest, employment, or consulting activity after the mediation process is completed. Provided, however, that the parties to the mediation, by unanimous consent, may waive these restrictions specifically, in writing, upon full disclosure of the facts by the mediator.

C. All communications in the mediation shall be confidential and privileged.

D. The mediation shall terminate at the conclusion of the period that the parties agree to mediate, including any agreed extensions, but not less than one full business day, or upon declaration by any mediator of an impasse.

E. The mediation shall be scheduled so as to conclude within 135 days after the responsible party receives the natural resource damage assessment claim.

F. Within three days following the termination or conclusion of a mediation, the mediator(s) shall provide the coordinator with notice of the completion of the mediation process.

G. The mediation shall take place in Baton Rouge, Louisiana, unless the state trustees and the responsible party agree otherwise.

H. All participants in the mediation process who represent either a state trustee or a responsible party must be vested with the authority to negotiate a mediated settlement agreement on behalf of their respective trustee or responsible party and to recommend to the trustee or responsible party approval of any mediated settlement agreement.

La. Admin. Code tit. 43, § XXIX-133

Promulgated by the Office of the Governor, Oil Spill Coordinator's Office, LR 25:508 (March 1999).

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:2451, et seq.