in the Estate of Henrietta Cannon Stone ( 2014 )


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  •                                    IN THE
    TENTH COURT OF APPEALS
    No. 10-13-00285-CV
    IN THE ESTATE OF HENRIETTA CANNON STONE, DECEASED
    From the 278th District Court
    Madison County, Texas
    Trial Court No. 09-11985-278-10
    ORDER OF REFERRAL TO 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 (West 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
    (West
    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.
    We find that this appeal is appropriate for mediation. See 
    id. § 154.021(a)
    (West
    2005); 10TH TEX. APP. (WACO) LOC. R. 9.
    Accordingly, we assign the Honorable Leslie Brock Yates as the mediator for this
    proceeding. Her address and contact number is as follows:
    4533 Elm St
    Bellaire, TX 77401-3717
    Phone: 713-724-3710
    Mediation must occur within thirty days after the date the above-referenced
    notice agreeing to a mediator is filed or, if no mediator is agreed upon, within thirty
    days after the date of the order assigning a mediator.
    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
    party that is not a natural person must be represented by an employee, officer, agent, or
    representative with authority to bind the party to settlement.
    Immediately after mediation, the mediator must advise this Court, in writing,
    only that the case did or did not settle and the amount of the mediator’s fee paid by
    In the Estate of Stone                                                               Page 2
    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
    the parties must each pay one-half of the agreed-upon fee directly to the mediator.
    Failure or refusal to attend the entire mediation as scheduled 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 refer this appeal to mediation.
    The appeal and all appellate deadlines are suspended as of the date of this Order.
    The suspension of the appeal is automatically lifted when the mediator’s report to the
    Court is received. If the matter is not resolved at mediation, any deadline that began to
    run and had not expired by the date of this Order will begin anew as of the date the
    mediator’s report to the Court is received. Any document filed by a party after the date
    of this Order and prior to the filing of the mediator’s report will be deemed filed on the
    same day, but after, the mediator’s report is received.
    PER CURIAM
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Scoggins
    Order issued and filed February 27, 2014
    In the Estate of Stone                                                                Page 3
    

Document Info

Docket Number: 10-13-00285-CV

Filed Date: 2/27/2014

Precedential Status: Precedential

Modified Date: 10/16/2015