Opinion
No. 10-11-00313-CV No. 10-11-00319-CV No. 10-11-00320-CV
08-31-2011
JUDITH HOLMES, Appellant v. SHIRLEY AL JAAFREH, Appellee
From the County Court at Law
Walker County, Texas
Trial Court Nos. 10537CV, 10597CV and 10598CV
ORDER OF REFERRAL TO MEDIATION
The Legislature has provided for the resolution of disputes through alternative dispute resolution (ADR) procedures. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.001-154.073 (Vernon 2011). The policy behind ADR is stated in the statute: "It is the policy of this state to encourage the peaceable resolution of disputes . . . and the early settlement of pending litigation through voluntary settlement procedures." Id. § 154.002 (Vernon 2011). Mediation is a form of ADR. Mediation is a mandatory but non- binding settlement conference, conducted with the assistance of a mediator. Mediation is private, confidential, and privileged. The Court finds that these three appeals are appropriate for mediation. See id. § 154.021(a) (Vernon 2011); 10TH TEX. APP. (WACO) LOC. R. 9.
The Court notes that it has previously ordered mediation in seven other appeals involving the same parties, and it is the Court's preference that these three appeals be mediated in conjunction with the other seven appeals. The Court therefore assigns Terrance D. Dill, Jr. as mediator in these three appeals. His contact information is:
West, Webb, Allbritton & Gentry, P.C.
1515 Emerald Plaza
College Station, TX 77845-1515
(979) 694-7000
The Clerk of the Court is directed to provide the mediator with a copy of this order.
Mediation must occur within sixty days after the date of this order. The Court understands that mediation in the other seven appeals is scheduled for September 8, 2011. The Court appreciates in advance any accommodations that will be made to mediate these three appeals with the other seven appeals.
No less than seven calendar days before the first scheduled mediation session, each party must provide the mediator and all other parties with an information sheet setting forth the party's positions about the issues that need to be resolved. At or before the first session, all parties must produce all information necessary for the mediator to understand the issues presented. The mediator may require any party to supplement the information required by this Order.
Immediately after mediation, the mediator must advise this Court, in writing, only that the cases did or did not settle and the amount of the mediator's fee paid by each party. The mediator's fee will be taxed as costs. Unless the mediator agrees to mediate without fee, the mediator must negotiate a reasonable fee with the parties, and the parties must each pay the agreed-upon fee directly to the mediator. The Court notes that Appellant is proceeding as an indigent in these appeals.
Named parties must be present during the entire mediation process. Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law. See TEX. R. APP. P. 42.3(b), (c).
Any objection to this Order must be filed with this Court and served upon all parties within ten days after the date of this Order, or it is waived.
The Court refers these appeals to mediation.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Do not publish