Michael A. Perez and Elizabeth A. Perez v. Bobby Felder D/B/A F&W Electric

IN THE
TENTH COURT OF APPEALS
No. 10-12-00434-CV
MICHAEL A. PEREZ AND ELIZABETH A. PEREZ,
Appellants
v.
BOBBY FELDER D/B/A F&W ELECTRIC,
Appellee
From the 361st District Court
Brazos County, Texas
Trial Court No. 12-001846-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.
Judge Rick Morris (ph. 254-718-3388) is appointed as Mediator. The Mediator
will negotiate a reasonable fee with the parties, and Appellant and Appellee shall each
pay one-half of the fee directly to the Mediator. The total fee will ultimately be taxed as
costs by the Court.
Mediation must occur within sixty days after the date of this order. The parties
are directed to confer with the Mediator to establish a date for the mediation. In the
event the parties cannot agree on a date for the mediation, the Mediator shall select and
set a date and time.
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
representative with authority to bind the 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.
We grant Appellants’ motion for mediation and refer this appeal to mediation.
The appeal and all appellate deadlines are suspended as of the date of this order.
The suspension is automatically lifted when the Court receives the mediator’s report. If
the case 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 Court receives the
mediator’s report. Any document filed by a party after the date of this order and before
the receipt 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 September 26, 2013
Do not publish
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