Opinion
No. 09-10-00400-CV
Ordered entered October 7, 2010.
Appealed from the County Court at Law No 1, Jefferson County, Texas, Cause No. 111569.
MEDIATION APPOINTMENT AND FEES REPORT
Gary M. Angelle was appointed mediator in the above styled and numbered cause by the order of the Court, and then found to be agreeable by the parties. Thereafter, the case
______ settled prior to mediation
______ settled during mediation
______ settled after mediation
______ did not settle
The parties and mediator agreed that the mediator would be paid as follows:
$ ______ paid by ___________________________
$ ______ paid by ___________________________
$ ______ paid by ___________________________
$ ______ paid by ___________________________
Such payments may be reassessed as costs pursuant to [] 154.054, TEX. CIV. PRAC. REM. CODE and Rule 89, TEX. R. APP. P.
ORDER OF REFERRAL TO MEDIATION
Pursuant to TEX.CIV.PRAC. REM. CODE ANN § 154.021(a) (Vernon 1997), on this day this court has determined that the above-entitled and numbered cause is appropriate for referral to an alternative dispute resolution process. Accordingly, it is ORDERED that Gary M. Angelle is appointed mediator in the above case to convene at:
3604 Terrace Drive
Nederland, TX 77627
phone: 409-727-6612
fax: 409-722-5447
The parties are directed to contact the mediator to arrange the logistics of the mediation, which shall be conducted within ninety (90) days of this order.
It is further ORDERED that fees for the mediation are to be agreed upon by the parties and the mediator, and divided and borne equally by the parties unless agreed otherwise. Fees shall be paid by the parties directly to the mediator, and shall be taxed as costs upon approval.
It is further ORDERED that all parties to this cause, or in their stead, a representative with full settlement authority, shall attend the mediation with their counsel or record.
It is further ORDERED that this referral will not delay or modify any time period relating to the disposition of the above-entitled cause, unless expressly ordered by subsequent action of this court.
As provided by TEX.CIV.PRAC. REM. CODE ANN § 154.053 (Vernon Supp. 2001), the mediator designated to facilitate this procedure will encourage and assist but will not compel or coerce, the parties in reaching a settlement of the dispute. After mediation, the court will be advised by the mediator only (1) that the case did or did not settle, and (2) that mediation fees were paid in specified amounts as agreed. Unless the parties otherwise agree, all matters, including the conduct and demeanor of the parties and their counsel during the procedure, shall remain confidential to the extent authorized by TEX.CIV.PRAC. REM. CODE ANN § 154.053 and 154.073 (Vernon Supp. 2001).
Pursuant to TEX.CIV.PRAC. REM. CODE ANN § 154.001 (Vernon 1997), the parties may file a written objection to this Order of Referral within ten (10) days of this date.
It is so ORDERED.