Opinion
No. 06-13-00049-CV
06-04-2013
IN THE MATTER OF THE MARRIAGE OF CHRISTINE RUTH SLANKER AND TED EUGENE SLANKER, JR., AND IN THE INTEREST OF T.L.S., A CHILD
On Appeal from the County Court at Law
Lamar County, Texas
Trial Court No. 77863
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
All Texas courts are responsible for encouraging the peaceable resolution of disputes and the early settlement of pending litigation through voluntary settlement procedures. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.002-.003 (West 2011) (public policy favors alternative dispute resolution). Mediation provides one such forum through which parties may achieve early settlement. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.023 (West 2011). We have been notified by counsel for both parties to this appeal that they believe mediation may be of value in this case. In accordance with our obligation under Section 154.003, we refer this case and the parties to mediation. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.021 (West 2011) (court's referral authority).
See TEX. CIV. PRAC. & REM. CODE ANN. § 154.022(b) (West 2011) (parties may object to mediation referral).
We enclose a list of mediators for review by counsel. One purpose of mediation is to abbreviate the length of the appellate process. Accordingly, within ten days of the date of this order, counsel shall seek to agree on one of these individuals, contact him or her to proceed with the mediation, and immediately inform this Court of their chosen mediator or of their inability to agree on a mediator (in which case we will appoint one). See TEX. CIV. PRAC. & REM. CODE ANN. § 154.051 (West 2011) (court's authority to appoint mediator). The parties and mediator shall arrange a date and a location for the mediation. The parties and their counsel shall attend this dispute resolution process at the time and on the date scheduled.
Each of them has extensive legal training and experience evidencing the ability to execute the duties of a mediator. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.052(c) (West 2011).
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If a party believes a different form of alternative dispute resolution other than mediation would be more appropriate, that party may, within seven days of this order, file a motion seeking that form of alternative dispute resolution. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.021(b).
Any objection regarding this order shall be filed within ten calendar days from the date of the order. The mediation shall be completed by no later than July 3, 2013. No later than seven calendar days following the mediation, the parties shall deliver a report to this Court regarding the results of the mediation.
Fees for the mediation are to be agreed on by the parties and the mediator and shall be divided and borne equally by the parties unless agreed otherwise. Fees shall be paid by the parties directly to the mediator. Unless otherwise agreed, such fees shall be taxed as costs on approval of this Court. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.054(b) (West 2011).
The current appellate timetables are hereby suspended pending the occurrence of one of the following: (1) receipt by this Court of notice of a successful mediation, (2) receipt by this Court of notice of an unsuccessful mediation, or (3) receipt by this Court of no notice by July 10, 2013.
To facilitate mediation, we internally abate this appeal until this Court receives notice of either a successful or unsuccessful mediation or until July 10, 2013, whichever occurs first. The abatement will lift on that date, and the appellate timetables will resume.
IT IS SO ORDERED.
BY THE COURT