Appeal from the 157th District Court Harris County, Texas,
Trial Court Cause No. 2017-31314
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
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
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 sixty-day 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
parties. ii. 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 mediate.
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.
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 event that the parties disagree as to whether
the Mediator shall serve, the Mediator shall not serve.
v.Authority of the 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 meetings 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 ...