JAMES S. WATSON AND CLEF CONSTRUCTION, INC., Appellants
CCV HOLDINGS, LLC, Appellee
Appeal from the 113th District Court Harris County, Texas
Trial Court Cause No. 2011-53737
determined that these consolidated cases are appropriate for
referral to mediation, an alternative dispute resolution
process. Tex. Civ. Prac. & Rem. Code §§
154.021-.073. Mediation is a forum in which an
impartial person, the mediator, facilitates communication
between parties to promote reconciliation or settlement.
Id. § 154.023(a). Any communication relating to
the subject matter of the appeal made by a participant in the
mediation proceeding is confidential. Id. §
154.053. After mediation, the parties shall advise the court
whether the case settled, or whether any further negotiation
efforts are planned.
court ORDERS the appeals
ABATED for a period of sixty days and refers
the underlying dispute to mediation. Any party may file a
written objection to this order with the clerk of this court
within 10 days of the date of this order.
See id. § 154.022. If this court finds that
there is a reasonable basis for the objection, the objection
shall be sustained and the appeals reinstated on this
court's active docket. See id.
court ORDERS that the mediation be held
within 60 days of the date of this order.
The court ORDERS that all parties or their
representatives with full settlement authority shall attend
the mediation process, with their counsel of record. The
court FURTHER ORDERS that within 48
hours of completion of the mediation, the parties
shall advise the court in writing whether the case settled.
mediation fully resolves the issues in the case, the court
ORDERS the parties to file a motion to
dismiss the appeals, other dispositive motion, or a motion
for additional time to file the dispositive motion, within
10 days of the conclusion of the mediation.
court ORDERS the appellate timetable in
these cases suspended for 60 days from the
date of this order.
appeals are ABATED, treated as closed cases,
and removed from this court's active docket for a period
of sixty days. The appeals will be reinstated on this
court's active docket after sixty days. Any party may
file a motion stating grounds for reinstating the appeals
before the end of the sixty-day period.
party may also file a motion to dismiss the appeals or other
dispositive motion at any time. Any party may file a motion
to extend the abatement period for completion of mediation or
to finalize a settlement.
Definition of Mediation.
is a process under which an impartial person, the mediator,
facilitates communication between the parties to promote
reconciliation, settlement or understanding among them. The
mediator may suggest ways of resolving the disputes, but may
not impose his own judgment on the issues for that of the
Agreement of Parties.
the parties have agreed to mediation they shall be deemed to
have made these rules, as amended and in effect as of the
date of the submission of ...