IN THE
TENTH COURT OF APPEALS
No. 10-06-00130-CV
Douglas Norton and Wife Tracy Norton,
Appellants
v.
Key Energy Services, Inc.,
Appellee
From the 87th District Court
Freestone County, Texas
Trial Court No. 04-021-B
abate for mediation ORDER
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 2005). 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 2005). 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.
We find that this appeal is appropriate for mediation. See id. § 154.021(a) (Vernon 2005); 10th Tex. App. (Waco) Loc. R. 9.
The Court assigns Deborah Hankinson as the mediator. Her address and phone number are as follows:
2305 Cedar Springs Rd., Suite 230
Dallas, TX, 75201
(214) 754-9190
Mediation must occur within thirty days after the date of this Order.
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.
Named parties must be present during the entire mediation process, and each corporate party must be represented by a corporate employee, officer, or agent with authority to bind the corporate party to settlement.
Immediately after mediation, the mediator must advise this Court, in writing, only that the case did or did not settle and the amount of the mediator’s fee paid by each party. The mediator’s fees 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 one-half of the agreed-upon fee directly to the mediator.
Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law.
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.
We abate this appeal for mediation.
PER CURIAM
Before Chief Justice Gray,
Justice Vance, and
Justice Reyna
(Justice Vance dissents with a note)*
Appeal abated
Order issued and filed February 27, 2008
Do not publish
* “(I disagree with this order for two reasons: (1) common courtesy suggests that we should contact the proposed mediator prior to appointing her to ascertain her availability and willingness to mediate; and (2) the cost of mediation is likely to be disproportionate to the amount in controversy.)”