IN THE
TENTH COURT OF APPEALS
No. 10-06-00092-CV
Hot Rod Hill Motor Park and
Roger DEEwayne Brown,
Appellants
v.
Donmichael Lucas Triolo,
Appellee
From the 361st District Court
Brazos County, Texas
Trial Court No. 04-001812-CV-361
ORDER FOR 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-.073 (Vernon 2005). The policy behind ADR is stated in the statute:
§ 154.002. Policy
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.
We believe that referral of this matter is appropriate for resolution by mediation, a mandatory but non-binding settlement conference, conducted with the assistance of the mediator. Mediation is private, confidential, and privileged. See id. §§ 154.021, 154.023(a); 10th Tex. App. (Waco) Loc. R. 9.
The parties shall confer and attempt to agree upon a mediator. Within 14 days after the date of this order, Appellant shall file a notice of the agreement with the Clerk of this Court which either names a mediator or states an inability to agree upon a mediator. In the latter event, the Court will assign a mediator. The mediator will negotiate a reasonable fee with the parties, and Appellant and Appellee shall each pay one-half of the mediation fees directly to the mediator. The total fee will ultimately be taxed as costs by the Court.
The parties are directed to confer with the mediator to establish a date for the mediation. In the event the parties cannot agree on a date for the mediation, the mediator shall select and set a date and time, within 30 days after the date of this order.
At least three days before the first scheduled mediation session, each party shall provide the mediator and all other parties with an information sheet setting forth the party’s positions about the issues in the case and produce all information (including their respective appellate briefs) necessary for the mediator to understand the issues presented. The mediator may require any party to supplement the information required by this Order.
Named parties and their counsel shall attend and be present during the entire mediation process. Failure or refusal to attend the mediation as ordered may result in the imposition of sanctions, as permitted by law.
After mediation, the mediator must advise the Court forthwith, in writing, when the process was completed, whether the parties and their counsel appeared as ordered, whether a settlement resulted, and the amount and terms of his fee agreement. The mediator shall send a copy of the report to each party.
Any objection to this Mediation Order must be filed with this Court and served upon all parties within ten days or it is waived.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
Order issued November 5, 2008
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