JOHN HIGHTOWER, JR. AND JESSICA HIGHTOWER, Appellants
DOUG AND NANCY HERMS, DEBBIE PRUITT, AMY AND LANCE WARMKE, AND BRAD AND IXARAH PRANSCHKE, Appellees
Appeal from the 335th District Court Washington County, Texas
Trial Court Cause No. 36193
determined that this case is appropriate for referral to
mediation, an alternative dispute resolution process.
See 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. See Tex. Civ.
Prac. & Rem. Code § 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 appeal 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
Tex. Civ. Prac. & Rem. Code § 154.022. If this court
finds that there is a reasonable basis for the objection, the
objection shall be sustained and the appeal 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 appeal,
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 this case suspended
for 60 days from the date of this order.
appeal is ABATED, treated as a closed case, and removed from
this court's active docket for a period of sixty days.
The appeal will be reinstated on this court's active
docket after sixty days. Any party may file a motion stating
grounds for reinstating the appeal before the end of the
party may also file a motion to dismiss the appeal 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. 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. Whenever 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 the dispute, a part of their agreement to
Consent to Mediator. The parties consent to
the appointment of the individual named as mediator in their
case. The Mediator shall act as an advocate for resolution
and shall use his best efforts to assist the parties in
reaching a mutually acceptable settlement.
iv.Conditions Precedent to Serving As Mediator.
The mediator shall not serve as a mediator in any dispute in
which he has any financial or personal interest in the result
of the mediation. Prior to accepting an appointment, the
Mediator shall disclose any circumstances likely to create a
presumption of bias or prevent a prompt meeting with the
parties. In the ...