Mediation is nothing more than a process by which parties in a dispute negotiate a settlement of their claims against each other through the assistance of a trained, neutral mediator. It is a non-adversarial process. Mediation is entirely voluntary and non-binding. The mediator has no power to render a decision nor force the parties to accept a settlement. The mediator generally does not give an opinion or render an award. Because it is voluntary and non-binding, it is attractive to parties who do not want to litigate, yet who cannot negotiate directly. It is considered to be non-threatening.
Louisiana Motion By Plaintiff to Refer Cause to Mediation
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US-01006BG
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(3) "Cost of mediation" includes the mediator's fee, administrative fees, and expenses. (4) "Mediation" is a procedure in which a mediator facilitates communication between the parties concerning the matters in dispute and explores possible solutions to promote reconciliation, understanding, and settlement.
The grounds for granting a motion for a new trial include a significant error of law, verdict going against the weight of evidence, irregularity in the court proceeding, jury misconduct, newly discovered material evidence, and improper damages.
Following are the various grounds on which a party may rely in seeking a new trial: 1) The case where the Verdict is Against the Weight of the Evidence: ... 2) The case where the Verdict is Inadequate or Excessive: ... 3) The case where a Party Newly Discovers Evidence:
Article 42 of the Code of Civil Procedure establishes the basic rule of venue: a defendant is to be sued in the parish of his domicile. The Code does establish exceptions to this basic principle, however, in the interest of providing a convenient place for trial.
The court, on motion of the defendant, shall grant a new trial whenever any of the following occur: (1) The verdict is contrary to the law and the evidence. (2) The court's ruling on a written motion, or an objection made during the proceedings, shows prejudicial error.
Motion for a New Trial ? The court can vacate the judgment and allow for a new trial. This is rarely granted, but may be done ?if the interest of justice so requires.? Motion for Judgment of Acquittal ? Court may set aside the jury's verdict and allow the defendant to go free.
Louisiana Laws - Louisiana State Legislature. A new trial shall be granted, upon contradictory motion of any party, in the following cases: (1) When the verdict or judgment appears clearly contrary to the law and the evidence.
Art. 154. A judge is permitted to deny a motion to recuse without appointment of an ad hoc judge and without a hearing if the motion fails to set forth valid grounds for recusal under article 151. The judge must now, however, provide written reasons for the denial.
