Emily C. Dyson v. Drue Annelle Parker, Individually and as Independent of the Estate of James Patrick Porter ( 2015 )


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  •                                    IN THE
    TENTH COURT OF APPEALS
    No. 10-14-00232-CV
    EMILY C. DYSON,
    Appellant
    v.
    DRUE ANNELLE PARKER, INDIVIDUALLY
    AND AS INDEPENDENT EXECUTOR OF THE
    ESTATE OF JAMES PATRICK PORTER, DECEASED,
    Appellee
    From the County Court at Law No. 1
    McLennan County, Texas
    Trial Court No. 20130502-PR1
    ORDER
    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 2011). 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
    2011).    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
    2011); 10TH TEX. APP. (WACO) LOC. R. 9.
    The parties are ordered to confer and attempt to agree upon a mediator. Within
    fourteen days after the date of this Order, Appellant is ordered to file a notice with the
    Clerk of this Court which either identifies the agreed-upon mediator or states that the
    parties are unable to agree upon a mediator. If the notice states that the parties are
    unable to agree upon a mediator, this Court will assign a mediator.
    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
    Dyson v. Parker                                                                      Page 2
    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
    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
    Dyson v. Parker                                                                       Page 3
    Before Chief Justice Gray,
    Justice Davis, and
    Justice Scoggins
    Appeal referred to mediation
    Order issued and filed May 28, 2015
    Dyson v. Parker                       Page 4
    

Document Info

Docket Number: 10-14-00232-CV

Filed Date: 5/28/2015

Precedential Status: Precedential

Modified Date: 10/16/2015