Appeal from the 25th District Court Colorado County, Texas
Trial Court Cause No. 24072
filed an unopposed motion for abatement and referral to
mediation. We have determined that this case is appropriate
for referral to mediation, an alternative dispute resolution
process. See Tex. Civ. Prac. & Rem. Code
§§ 154.021-.073. Accordingly, the motion
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 id. § 154.053. After
mediation, the parties shall advise the court whether the
case settled and, if not, whether any further negotiation
efforts are planned.
court ORDERS the appeal
ABATED through January 22,
2018 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 on
or before January 22, 2018. 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 through January 22, 2018.
appeal is ABATED, treated as a closed case,
and removed from this court's active docket through
January 22, 2018. The appeal will be reinstated on this
court's active docket after January 22, 2018. Any party
may file a motion stating grounds for reinstating the appeal
before the end of the abatement period.
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
iii.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 ...