Fort Worth & Western Railroad Company v. Nathan D. Albert and Chisholm Trail Redi-Mix, LLC

IN THE
TENTH COURT OF APPEALS
No. 10-19-00084-CV
NATHAN D. ALBERT AND CHISHOLM TRAIL REDI-MIX, LLC,
Appellants
v.
FORT WORTH & WESTERN RAILROAD COMPANY, DAVOIL, INC.,
AND WILLIAM S. DAVIS,
Appellees
From the 18th District Court
Johnson County, Texas
Trial Court No. Dc-C201700680
No. 10-18-00219-CV
FORT WORTH & WESTERN RAILROAD COMPANY,
Appellant
v.
NATHAN D. ALBERT AND CHISHOLM TRAIL REDI-MIX, LLC,
Appellees
From the 18th District Court
Johnson County, Texas
Trial Court No. DC-C201600307
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. 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 these appeals are appropriate for mediation. See id. § 154.021(a); 10TH
TEX. APP. (WACO) LOC. R. 9.
The Court assigns Deborah G. Hankinson as the mediator. She can be contacted
at the following address, telephone phone number, or email:
Hankinson PLLC
750 N Saint Paul St., Ste 1800
Dallas, TX 75201
(214) 754-9185
deborah@dhankinson.com
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
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Fort Worth & Western R.R. Co. v. Albert
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.
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 fees 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 one-half of the agreed-upon fee directly to the mediator.
Failure or refusal to attend the entire 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.
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
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Fort Worth & Western R.R. Co. v. Albert
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 Scoggins1
Referral to Mediation
Order issued and filed May 15, 2019
1
The Honorable Al Scoggins, Senior Justice of the Tenth Court of Appeals, sitting by assignment of the
Chief Justice of the Texas Supreme Court. See TEX. GOV’T CODE ANN. §§ 74.003, 75.002, 75.003.
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Fort Worth & Western R.R. Co. v. Albert