Louisiana § RS 22:2654 - Firm and department mediation requirements

§ RS 22:2654. Firm and department mediation requirements

            A. A mediation firm, hereinafter referred to as the "firm", that elects to participate in the program provided in this Chapter shall comply with all of the following:

            (1) The firm contacts the department regarding participation in the program.

            (2) The firm agrees to the terms and conditions set forth in this Chapter.

            (3) The firm provides the department with its official name, contact information, municipal address, electronic mail address, and telephone number.

            (4) The cost of mediation shall be reasonable.

            (5) Within five business days after receiving its assignment as the mediation firm, the firm shall give written notice to the insurer and the insured of its assignment.

            (6) The firm shall set the matter for mediation to occur within thirty days of assignment.

            (7) The firm shall be in charge of the mediation and shall establish and describe the procedures to be followed. The firm shall conduct the mediation in accordance with the standards of professional conduct for mediation adopted by the American Bar Association pursuant to R.S. 9:4107.

            (8) The firm may meet with the insurer and the insured separately to encourage meaningful communications, negotiations, and otherwise assist the insurer and the insured to arrive at a settlement.

            (9) All in-person mediations shall be conducted statewide in a metropolitan statistical area at an office or business location to be selected by the mediation firms. There shall be no charge to the insurer for use of the venue. If the insurer or the insured prefer to participate in the mediation remotely via telephone, video conference, or other similar electronic means is authorized, provided the mediator and all other parties to the mediation are notified of the preference in advance of the mediation, and as needed to accommodate remote participation.

            (10) The mediation session may last up to ninety minutes of actual mediation with the insurer and the insured. The ninety minutes shall not include time spent on telephone calls, document review, research, or any other administrative tasks that the mediator may find necessary to prepare for the mediation.

            B. The department shall maintain a list of firms that elect to participate in the program that is provided in this Chapter, and the department shall maintain this list on its website that includes the firm's official name, contact information, municipal address, electronic mail address, and telephone number.

            Acts 2022, No. 591, §1, eff. Jan. 1, 2023.