If a person described in Article 641 cannot be made a party, the court shall determine whether the action should proceed among the parties before it, or should be dismissed.  The factors to be considered by the court include:

(1)  To what extent a judgment rendered in the person’s absence might be prejudicial to him or those already present.

(2)  The extent to which the prejudice can be lessened or avoided by protective provisions in the judgment, by the shaping of relief, or by other measures.

(3)  Whether a judgment rendered in the person’s absence will be adequate.

(4)  Whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.

Acts 1995, No. 662, §1.