Peregrine Pipeline Company, LP v. Eagle Ford Land Partners, LP ( 2014 )

IN THE
TENTH COURT OF APPEALS
No. 10-14-00162-CV
PEREGRINE PIPELINE COMPANY, LP,
Appellant
v.
EAGLE FORD LAND PARTNERS, LP,
Appellee
From the County Court at Law No. 2
Johnson County, Texas
Trial Court No. E-2007-00046
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 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.
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); 10TH
TEX. APP. (WACO) LOC. R. 9. Accordingly, we refer this appeal to mediation.
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 that 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 sixty days after the date the above-referenced
notice agreeing to a mediator is filed or, if no mediator is agreed upon, within sixty
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
corporate party must be represented by a corporate employee, officer, or agent with
authority to bind the corporate party to settlement.
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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 fee 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 the agreed-upon fee directly to the mediator.
Failure or refusal to attend the 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.
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 June 26, 2014
Do not publish
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