Tracie Marie Scheffler F/K/A Tracie Marie Parson v. Paul Michael Parson ( 2015 )


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  •                          NUMBER 13-15-00150-CV
    COURT OF APPEALS
    THIRTEENTH DISTRICT OF TEXAS
    CORPUS CHRISTI - EDINBURG
    ____________________________________________________
    TRACIE MARIE SCHEFFLER F/K/A
    TRACIE MARIE PARSON,                                                       Appellant,
    v.
    PAUL MICHAEL PARSON,                                                        Appellee.
    ____________________________________________________
    On appeal from the 81st District Court
    of Wilson County, Texas.
    ____________________________________________________
    ORDER REFERRING CASE TO MEDIATION
    The Court has determined that this case should be referred to mediation prior to
    briefing. TEX. CIV. PRAC. & REM. CODE ANN. §§154.001-.073 (Vernon 2005). Accordingly, it
    is ORDERED that this case be mediated under the following terms and conditions:
    1. The parties must promptly agree upon a mediator and, within seven days
    of this Order, notify the Court in writing of the name and address of the
    mediator selected. If the parties are unable to agree upon a mediator, they
    must so notify the Court within the seven day period and the Court will
    appoint a mediator.
    2. All parties must confer with their mediator within seven days of the date
    of this Order, or in the case of a court appointed mediator, within seven days
    of the appointment of the mediator, to establish a date and place for the
    mediation. The parties shall agree on a date for the mediation that is
    consistent with the mediator’s schedule and is no later than six weeks after
    the date of this Order. In the event the parties cannot agree on a date, the
    mediator shall select and set a date. The mediator shall notify the Court of
    the date selected for the mediation.
    3. In the discretion of the mediator, each party may be required to provide a
    confidential memorandum and/or information sheet setting forth the issues of
    the case and their positions on these issues. Additionally, upon request of
    the mediator, the parties shall produce all information the mediator deems
    necessary to understand the issues of the case. The memorandum and/or
    information sheet and other information produced to the mediator will not be
    made a part of the file in this case and will be destroyed by the mediator at
    the conclusion of the mediation proceeding.
    4. All parties to this matter or their authorized representatives, accompanied
    by their counsel, must appear and attend the mediation proceeding.
    5. Mediation is a mandatory, non-binding settlement conference conducted
    with the assistance of a mediator. The mediation proceeding will be
    confidential within the meaning of the Texas Civil Practice and Remedies
    Code sections 154.053 and 154.073. See TEX. CIV. PRAC. & REM. CODE ANN.
    §§154.053-.073 (West 2011).
    6. Unless otherwise agreed, the mediation proceeding will not be recorded.
    7. The mediator will negotiate a reasonable fee with the parties. The
    mediator’s fee will be borne equally by the parties unless otherwise agreed
    by the parties, and will be paid directly to the mediator. If the parties do not
    agree upon the fee requested by the mediator, the Court will set a
    reasonable fee, which shall be taxed as costs. TEX. CIV. PRAC. & REM. CODE
    ANN. §154.054 (West 2011).
    8. Within two days after the conclusion of the mediation, the mediator shall
    certify to this Court as follows: (a) whether the parties appeared as ordered,
    (b) whether the case settled, and (c) whether the mediation fees were paid in
    accordance with the Court’s order or as otherwise agreed by the parties.
    9. If mediation fully resolves the issues in this case, the parties must file a
    joint or agreed motion seeking dispositive relief, within seven days of the
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    conclusion of the mediation. If the parties need more time to effectuate the
    terms of the settlement agreement, they must within seven days of the
    conclusion of mediation, file a joint or agreed motion for an extension of time
    to file their disposition motion.
    It is FURTHER ORDERED that this appeal will be stayed until the completion of the
    mediation.
    WITNESS the Honorable Rogelio Valdez, Chief Justice of the Court of Appeals, 13th
    Court of Appeals District, at Corpus Christi - Edinburg, Texas.
    GIVEN UNDER MY HAND AND SEAL OF SAID COURT, at my office this 11th day
    of May, 2015.
    DORIAN E. RAMIREZ, CLERK
    Thirteenth Court of Appeals
    3
    

Document Info

Docket Number: 13-15-00150-CV

Filed Date: 5/11/2015

Precedential Status: Precedential

Modified Date: 10/16/2015