Hector Sanchez, Individually and Cuauhtemoc Construction v. R&S Concrete, L.L.C. D/B/A R.S. Concrete L.L.C. ( 2017 )

Order issued March 31, 2017
In The
Court of Appeals
For The
First District of Texas
NO. 01-17-00191-CV
HECTOR SANCHEZ, INDIVIDUALLY AND CUAUHTEMOC
CONSTRUCTION, Appellant
V.
R&S CONCRETE, L.L.C. D/B/A R.S. CONCRETE L.L.C., Appellee
On Appeal from Co Civil Ct at Law No 2
Harris County, Texas
Trial Court Cause No. 1087751
MEMORANDUM ORDER
OF REFERRAL TO MEDIATION
The Court determines that it is appropriate to refer this appeal for resolution
by mediation. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.021, 154.022(a),
154.023 (Vernon 2005). Accordingly, the Court orders that this appeal be referred
to mediation unless any party to the appeal files an objection with the Clerk of this
Court within ten days after receiving this order. See id. § 154.022(b).
The parties shall choose a qualified mediator and agree on a reasonable fee
for the mediator’s services. 1 See id. §§ 154.052, 154.054(a) (Vernon 2005).
The Court sets the following deadlines:
• No later than 15 days from the date that this order is issued, the
parties shall file with the Clerk of this Court a completed “Parties’
Notification to Court of Mediator.” This document can be
downloaded from the forms page of the Court’s website at
http://www.txcourts.gov/1stcoa.
• No later than 45 days from the date that this order is issued, the
parties shall conduct the mediation.
• No later than two days from the conclusion of the mediation,
the parties and the mediator shall advise the Clerk of this Court in
writing whether the parties did or did not settle the underlying dispute.
All parties, or their representative with full settlement authority, shall attend
the mediation with their counsel. The mediator shall encourage and assist the
parties in reaching a settlement of their dispute, but may not compel or coerce the
11
The Court does not recommend mediators. Mediation information is
available from the Dispute Resolution Center of Harris County ((713) 755-
8274 and http://www.co.harris.tx.us/DRC), the Fort Bend Dispute
Resolution Center ((281) 342-5000), the Alternate Dispute Resolution
Section of the State Bar of Texas (http://www.texasadr.org/), and other
groups. The parties are not required to use a mediator recommended or
listed by these groups.
parties to enter into a settlement agreement. See id. § 154.053(a) (Vernon 2005).
All communications relating to the mediation are confidential and not subject to
disclosure, except as set forth by law. See id. § 154.073 (Vernon 2005). The Clerk
of this Court, however, will file this order, any objection to this order, and the
completed “Parties’ Notification to Court of Mediator” with the other documents
filed in this appeal that are available for public inspection.
Unless expressly authorized by the disclosing party, the mediator may not
disclose to either party information given in confidence by the other and shall at all
times maintain confidentiality with respect to communications relating to the
subject matter of the dispute. See id. § 154.053(b). Unless the parties agree
otherwise, all matters, including the conduct and demeanor of the parties and their
counsel during the settlement process, are confidential and may never be disclosed
to anyone, including this Court. See id. § 154.053(c).
The Court will consider the agreed fee for the mediator’s services to be
reasonable and tax that fee as a cost of the appeal unless the parties agree to
another method of payment. See id. § 154.054.
Nothing in this order modifies the timetables in the Texas Rules of Appellate
Procedure regarding the appellate record and briefs.
/s/ Laura Carter Higley
Justice Acting Individually