Opinion
No. 08-14-00299-CV
01-27-2015
GEORGE A. MOLINAR, Appellant, v. MOHD RAFAEL, Appellee.
Appeal from the County Court at Law No. 3 of El Paso County, Texas (TC# 2013-CCV02705) ORDER
Pending before the Court is a motion filed by Appellant, George Molinar, for mediation referral pursuant to TEX.CIV.PRAC. & REM.CODE ANN. § 154.021. Appellant has specifically requested mediation with Jose Rocha and/or the El Paso County Dispute Resolution Center. Appellee has filed a response indicating he does not object to Appellant's request for mediation. Accordingly, the Court GRANTS the motion and ORDERS this case referred to mediation with Mr. Rocha or another qualified mediator agreed upon by the parties. If Mr. Rocha is unable to mediate the dispute, the parties shall notify the Court of name, address, telephone and fax number of the mediator. If the parties are unable to agree upon a qualified mediator, each party shall provide the Court in writing the name, address, telephone and fax number of two qualified and acceptable mediators. The Court will select a mediator by random draw from the submitted names.
The Court further ORDERS that the mediation be held within sixty (60) days of this order and that the appellate timetable be suspended during such time. All parties or their representative with full settlement authority shall attend the mediation process, with their counsel of record. The mediator and parties shall file a report of the completion of mediation within forty-eight (48) hours of the conclusion of mediation advising the court of:
• full, partial, or no resolution of the case;
• whether further negotiations are planned; and
• compensation paid to the mediator and by whom.
In the event no further negotiations are planned and there is no resolution, or a partial resolution of the case occurs, the parties will file a motion with this Court requesting that the Court issue an order reestablishing the appellate timetable. This motion will accompany the above-mentioned forty-eight (48) hours report.
The Court further ORDERS, in the event of full resolution of the issues in this case, that the parties file a joint dispositive motion within ten (10) days of the conclusion of mediation.
IT IS SO ORDERED this 27th day of January, 2015.
PER CURIAM Before McClure, C.J., Rodriguez and Hughes, JJ.