Court of Appeals of Texas, Fifth District, Dallas
ENRIQUE N. PONTE, JR. M.D. AND PEDIATRIX MEDICAL SERVICES, INC., Appellants
MARCELA AND JOSE BUSTAMANTE, Appellees
Appeal from the 101st Judicial District Court Dallas County,
Texas Trial Court Cause No. 08-08056.
Justices Stoddart, Whitehill, and Schenck
Court finds that this case is at this time appropriate for
mediation pursuant to the Texas Civil Practice and Remedies
Code and the accompanying Rules for Mediation. Unless
objected to by both parties, the parties are
ORDERED to select a mediator by mutual
agreement and complete the mediation within 60 days of this
Order's entry. The mediation will occur at a time and
place agreed to by the parties and mediator. The mediator
shall notify the Court about the outcome of the mediation
within ten days after the first mediation session concludes.
Any objection to this Order must be filed and served upon all
parties within fifteen days from this Order's entry.
RULES FOR MEDIATION
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 dispute, but may
not impose the mediator's own judgment on the issues for
that of the parties.
Conditions Precedent Serving as Mediator.
The mediator shall not serve as a mediator in any dispute in
which he or she has any financial or personal interest in the
result of the mediation. Prior to accepting an appointment,
the mediator shall disclose any circumstance likely to create
a presumption of bias or prevent a prompt meeting with
Authority of Mediator. The mediator does not
have the authority to decide any issue for the parties, but
will attempt to facilitate the voluntary resolution of the
dispute by the parties. The mediator is authorized to conduct
joint and separate meeting with the parties and to offer
suggestions to assist the parties achieve settlement. If
necessary, the mediator may also obtain expert advice
concerning technical aspects of the dispute, provided that
the parties agree and assume the expenses of obtaining such
advice. Arrangements for obtaining such advice shall be made
by the mediator or the parties, as the mediator shall
Parties Responsible for Negotiating Their Own
Settlement. The parties understand the mediator will
not and cannot impose a settlement in their case. The
mediator, as an advocate for settlement, will use every
effort to facilitate the negotiations of the parties. The
mediator does not warrant or represent that settlement will
result from the mediation process.
Authority of Representatives. Party
representatives must have authority to settle and all persons
necessary to the decision to settle shall be present. The
names and addresses of such persons shall be communicated in
writing to all parties and the mediator.
Time and Place of Mediation. The mediator
shall fix the time of each mediation session. The mediation
shall be held at the office of the mediator, or at any other
convenient location agreeable to the mediator and the
parties, as the mediator shall determine.
Privacy. Mediation sessions are private. The
parties and their representatives may attend mediation
sessions. Other persons may attend only with the permission
of the parties and with the consent of the mediator.
Confidentiality and Privilege. Confidential
information disclosed to a mediator by the parties or by
witnesses in the course of the mediation shall not be
divulged by the mediator. All records, reports or other
documents received by a mediator while serving in that
capacity shall be confidential. The mediator shall not be
compelled to divulge such records or to testify in regard to
the mediation in any adversary proceeding or judicial forum.
Any party that violates this order shall pay all reasonable
fees and expenses of the mediator and other parties,
including reasonable attorney's fees, incurred in
opposing the efforts to compel testimony or records from the
No Stenographic Record. There shall be no
stenographic record of the mediation process and no person
shall tape ...