IN THE
TENTH COURT OF APPEALS
No. 10-15-00101-CV
No. 10-15-00108-CV
IN THE INTEREST OF J.T., A CHILD
AND
IN THE INTEREST OF M.K., A CHILD
From the 74th District Court
McLennan County, Texas
Trial Court No. 2013-2639-3 and 2013-154-3
ORDER
Appellants indicated in their respective docketing statements that these appeals
should be referred 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 (West 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 (West
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.
We find that these appeals are appropriate for mediation. See id. § 154.021(a)
(West 2011); 10TH TEX. APP. (WACO) LOC. R. 9.
All the parties and the representative(s) of each child, are ordered to confer and
attempt to agree upon a mediator. Within fourteen days after the date of this Order,
appellant, William Ray Kent, is ordered to file a notice with the Clerk of this Court
which either identifies the agreed-upon mediator or states that the parties are unable to
agree upon a mediator. If the notice states that the parties are unable to agree upon a
mediator, this Court will assign a mediator.
Mediation must occur within thirty days after the date the above-referenced
notice agreeing to a mediator is filed or, if no mediator is agreed upon, within thirty
days after the date of the order assigning a mediator.
No less than seven calendar days before the first scheduled mediation session,
each party and each representative of each child must provide the mediator and all
other parties with an information sheet setting forth the party’s or child’s positions
about the issues that need to be resolved. At or before the first session, all parties and
all children’s representatives 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.
In the Interest of J.T., a Child and M.K., a Child Page 2
Named parties and representatives of the children in each appeal must be
present during the entire mediation process, and each party that is not a natural person
must be represented by an employee, officer, agent, or representative with authority to
bind the 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 entire 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 refer these appeals to mediation.
These appeals are of judgments terminating parental rights and are
accelerated. Therefore, NO appellate deadlines are suspended as a result of this
Order and the appellate timetables in each appeal remain in effect during the course
of mediation.
PER CURIAM
In the Interest of J.T., a Child and M.K., a Child Page 3
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Order issued and filed April 30, 2015
In the Interest of J.T., a Child and M.K., a Child Page 4