DocketNumber： 10-10-00021-CV
Filed Date： 4/20/2011
Status： Precedential
Modified Date： 10/16/2015
IN THE
TENTH COURT OF APPEALS
No. 10-10-00021-CV
In the Estate of James H. Rice, Deceased,
From the County Court
McLennan County, Texas
Trial Court No. 2003-0437-PR1
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 2005). 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 2005). 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) (Vernon 2005); 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, Appellants are 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.
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. If Appellant James Rice, Jr. fails to attend the mediation, this appeal will be dismissed. 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 this appeal to mediation.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed April 20, 2011
Do not publish
der:none; mso-border-top-alt:double windowtext 2.25pt;mso-border-bottom-alt:double windowtext 2.25pt; padding:0in;mso-padding-alt:10.0pt 0in 10.0pt 0in'>MEMORANDUM Opinion
Appellant failed to serve a copy of the notice of appeal on the other parties to this proceeding. The Clerk of this Court notified Appellant that the appeal may be dismissed for failure to comply with the requirements of the Rules of Appellate Procedure if the notice of appeal was not properly served and proof of service filed with the Court within 10 days. See Tex. R. App. P. 42.3(a). Appellant has failed to comply. Accordingly, the appeal is dismissed.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Appeal dismissed
Opinion delivered and filed September 8, 2004
[CV06]