GREGORY GOTTWALD, INDIVIDUALLY AND D/B/A G GROUP AND D/B/A DURATECH SERVICES AND D/B/A DURATECH FOUNDATION REPAIR, ANDDURATECH SERVICES, L.L.C., Appellants
MELINDA O'CONNELL, Appellee
Appeal from the 127th District Court Harris County, Texas
Trial Court Cause No. 2016-81888
consists of Justices Christopher, Spain, and Poissant.
court has 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
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
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 ...