Art. 438.  Selection and appointment of mediator; disclosure; revocation

A.  Once an order referring a case for mediation has been signed, the parties are encouraged to mutually agree upon a person to be appointed as the mediator from among those qualified in accordance with Article 439.  Upon such agreement, the parties shall submit the mediator's name to the court and the court shall enter an order of appointment.

B.  A mediator may decline a proposed appointment.

C.  If the parties fail to agree upon a mediator within fifteen days after the signing of the referral order or if a mediator has declined appointment, the court may appoint a mediator who meets the qualifications of Article 439 and who is willing to serve or the court may return the case to the docket for further proceedings.

D.  Upon notice of appointment, a mediator must disclose to the parties and the court any representation, consultation, or any other professional or personal relationship with any party or counsel that might reasonably raise a question about the mediator's impartiality.  The burden of disclosure rests on the mediator.  After appropriate disclosure, the mediator may serve if both parties so desire with the approval of the court.  If the mediator believes or perceives that there is a clear conflict of interest, he should withdraw, irrespective of the expressed desires of the parties.

E.  At any time during the pendency of the proceedings the court may revoke the mediator's appointment upon motion of any party on grounds of the mediator's lack of qualifications or lack of impartiality.

Acts 1999, No. 894, §1; Acts 2001, No. 567, §1.