flying-diamond-west-madisonville-limited-partnership-sol-levine-and ( 2009 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-07-00281-CV

Flying Diamond-West Madisonville

Limited Partnership, Sol Levine, and

Mardan Energy Corporation,

                                                                                    Appellants

 v.

GW Petroleum, Inc., Great Western

Onshore,Inc., Forcenergy Onshore, Inc.,

Cascade Energy Corporation, Faulconer

1996 LLC, Gulfwest Oil Company, and

Gulfwest Oil & Gas Company,

                                                                                    Appellees

From the 278th District Court

Madison County, Texas

Trial Court No. 6354

ABATEMENT ORDER FOR MEDIATION

            The Legislature has provided for the resolution of disputes through alternative dispute resolution (ADR) procedures.  See Tex. Civ. Prac. & Rem. Code Ann. §§ 154.001-154.073 (Vernon 2005).  The policy behind ADR is stated in the statute: “It is the policy of this state to encourage the peaceable resolution of disputes . . . and the early settlement of pending litigation through voluntary settlement procedures.”  Id. § 154.002 (Vernon 2005).  Mediation is a form of ADR.  Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of a mediator.  Mediation is private, confidential, and privileged.

        After full briefing on the merits, we ordered this proceeding to mediation.  It was unsuccessful.  The Court has now issued its opinion but has not yet ruled on a Motion for Rehearing filed by G.W. Petroleum.   We find that this proceeding, in its current procedural posture, is again appropriate for mediation.  See id. § 154.021(a) (Vernon 2005); 10th Tex. App. (Waco) Loc. R. 9.  Accordingly, we order the parties to participate in mediation again. 

        The Court again assigns Deborah Hankinson as the mediator.  Her address and phone number are as follows:

                        750 N. St. Paul

                        Suite 1800

                        Dallas, TX  75201

                        (214) 754-9190

        Mediation must occur within thirty days after the date of this order.

        No less than seven calendar days before the first scheduled mediation session, each party must provide the mediator and all other parties with an information sheet setting forth the party’s positions about the issues that need to be resolved.  At or before the first session, all parties must produce all information necessary for the mediator to understand the issues presented.  The mediator may require any party to supplement the information required by this Order.

        Named parties must be present during the entire mediation process, and each corporate party must be represented by a corporate employee, officer, or agent with authority to bind the corporate party to settlement.

        Immediately after mediation, the mediator must advise this Court, in writing, only that the cases did or did not settle, and the amount of the mediator’s fee paid by each party.  The mediator’s fees will be taxed as costs.  Unless the mediator agrees to mediate without fee, the mediator must negotiate a reasonable fee with the parties, and each party must pay a proportionate share of the agreed-upon fee directly to the mediator.

        Failure or refusal to attend the mediation as scheduled and to actively participate therein may result in the imposition of sanctions, as permitted by law. 

        Any objection to this Order must be filed with this Court and served upon all parties within ten days after the date of this Order, or it is waived.

        We abate this proceeding for mediation.

PER CURIAM

Before Chief Justice Gray,

        Justice Reyna, and

        Justice Davis

Order issued and filed October 7, 2009

Appeal abated for mediation

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