IN THE
TENTH COURT OF APPEALS
No. 10-11-00310-CV
RMDG CONSTRUCTION, LLC
D/B/A DUDLEY GENERAL CONTRACTORS
AND DUDLEY CONSTRUCTION, LTD.
D/B/A R.M. DUDLEY CONSTRUCTION COMPANY,
Appellants
v.
OAKWOOD CUSTOM HOMES GROUP, LTD.
AND INSURORS INDEMNITY COMPANY,
Appellees
From the 361st District Court
Brazos County, Texas
Trial Court No. 07-002207-CV-361
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.
The Court assigns Alice Oliver-Parrott as the mediator. Her contact information
is as follows:
Alice Oliver-Parrott, P.C.
5009 Caroline Street, Suite 100
Houston, TX 77004-5750
(713) 222-6338
(713) 222-6334 (fax)
Mediation must occur within sixty days after the date of this order.
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, and it is suggested that the parties provide the
mediator with their appellate briefs. 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.
RMDG Constr. LLC v. Oakwood Custom Homes Group, Ltd. Page 2
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.
We refer this appeal to mediation.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed May 23, 2013
Do not publish
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