Louisiana Arbitration / Mediation Law Questions & Answers

Q: Do a victim have the right to hire a mediator to mediate settlement in workers comp cases?

1 Answer | Asked in Arbitration / Mediation Law and Workers' Compensation for Louisiana on
Answered on Mar 11, 2018
Douglas Lee Bryan's answer
Every Office of Worker's Comp in Louisiana has a mediator on staff whose services are available free of charge. You can certainly ask your attorney to propose mediation with the employer or its w/c carrier. Keep in mind that an employer does not have to settle a worker's compensation case, and a claimant doesn't have a right to a settlement.

Q: is there any way to get around a next of kin authorization of cremation?

1 Answer | Asked in Estate Planning, Family Law, Arbitration / Mediation Law and Elder Law for Louisiana on
Answered on Aug 28, 2017
Christie Tournet's answer
A directive/authorization for cremation can be made by a Testator to an individual, other than a family member, in a valid Louisiana Will. Typically, that is the only way to get around the family requirement. You mention that you previously had POA for the Decedent, but not sure of the scope of the Will. If this authorization was not provided in a valid Will format, then LA law provides a ranking of classes of family that can provide the authorization - surviving spouse, then a majority of...

Q: If my estranged husband hasnt tried to contact my son in about 7yrs.Can I get divorce and terminate his parental rights?

1 Answer | Asked in Adoption, Arbitration / Mediation Law, Child Custody and Divorce for Louisiana on
Answered on Apr 18, 2017
Douglas Lee Bryan's answer
You can get a divorce immediately based on living separate and apart without reconciliation for a period of 1 year. You can ask for sole custody in the divorce proceedings. Once you and your fiance have been married for 6 months, he can file to adopt the child. The father's rights can be terminated without his consent in the adoption if he has failed to communicate or attempt to communicate with the child without just cause for a period of over 180 days.

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