Judith Hoce Holmes v. Shirley Al Jaafreh

IN THE

TENTH COURT OF APPEALS

 

Nos. 10-11-00148-CV, 10-11-00149-CV,

10-11-00150-CV, 10-11-151-CV, 10-11-00152-CV,

10-11-00153-CV and 10-11-00154-CV

Judith Hoce Holmes,

                                                                                    Appellant

 v.

Shirley Al jaafreh,

                                                                                    Appellee

From the County Court at Law

Walker County, Texas

Trial Court Nos. 10499CV, 10500CV, 10501CV, 10517CV,

10518CV, 10519CV and 10520CV

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 (Vernon 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 (Vernon 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 these appeals are appropriate for mediation.  See id. § 154.021(a) (Vernon 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 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 any corporate party must be represented by a corporate employee, officer, or agent with authority to bind the corporate 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 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.  See Tex. R. App. P. 42.3(b), (c).

            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 these appeals to mediation.

PER CURIAM

Before Chief Justice Gray,

        Justice Davis, and

        Justice Scoggins

Order issued and filed May 25, 2011

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