Under the bar association's program, the association provides each party with a list of five mediators selected from its master list. Within ten days of receipt of the list, each party must strike two names from the list, then rank the remaining three names in order of preference. The mediator with the lowest combined score is appointed. If there is a tie and the parties cannot agree, the mediator is selected by drawing lots. Parties also have the option of proceeding through an independent ADR organization.
Parties generally select mediators who have expertise in the subject matter of the case.
If a party who believes an assigned mediator has a conflict of interest does not bring it to the attention of the assigning judge within ten days of learning of the source of the conflict, the party will be deemed to have waived objection. The mediator has the same period of time to check for conflicts and decline the assignment. Under the bar association's program, the parties agree to hold harmless the mediator, the Baton Rouge Bar Association, and the members of the Alternative Dispute Resolution Committee from any liability in connection with the mediation proceedings. If the session is longer, an additional fee is negotiated. The court-based program is administered by a magistrate judge.