In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-13-00074-CV
CIT PARTNERS, LLC, Appellant
V.
JOHNSON CAPITAL GROUP, INC., Appellee
On Appeal from the 159th District Court
Angelina County, Texas
Trial Court No. CV-00619-11-06
Before Morriss, C.J., Carter and Moseley, JJ.
ORDER
All Texas courts are responsible for encouraging the peaceable resolution of disputes and
the early settlement of pending litigation through voluntary settlement procedures. See TEX. CIV.
PRAC. & REM. CODE ANN. §§ 154.002, 154.003 (West 2011) (public policy favors alternative
dispute resolution). Mediation provides one such forum through which parties may achieve early
settlement. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.023 (West 2011). We have been
notified by counsel for both parties to this appeal that they believe mediation may be of value in
this case. 1 In accord with our obligation under Section 154.003, we refer this case and the
parties to mediation. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.021 (West 2011)
(detailing court’s referral authority).
We enclose a list of mediators 2 for review by counsel and the parties. One purpose of
mediation is to abbreviate the length of the appellate process. Accordingly, within ten days of
the date of this order, the parties shall seek to agree on one of these individuals to act as
mediator, contact him or her to proceed with the mediation, and immediately inform this Court
of their chosen mediator or of their inability to agree on a mediator (in which case we will
appoint one). See TEX. CIV. PRAC. & REM. CODE ANN. § 154.051 (West 2011) (detailing
court’s authority to appoint mediator). The parties and mediator shall arrange a date, time, and
location for the mediation, and the parties and their counsel shall attend and participate in the
dispute resolution process at the time and on the date scheduled.
1
See TEX. CIV. PRAC. & REM. CODE ANN. § 154.022(b) (West 2011) (parties may object to mediation referral).
2
Each mediator on the list has extensive legal training and experience evidencing the ability to execute the duties of
a mediator. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.052(c) (West 2011).
2
If a party believes a different form of alternative dispute resolution other than mediation
would be more appropriate, that party may, within seven days of the date of this order, file a
motion seeking that form of alternative dispute resolution. See TEX. CIV. PRAC. & REM.
CODE ANN. § 154.021(b).
Any objection regarding this order shall be filed within ten calendar days of the date of
the order. The mediation shall be completed by no later than August 23, 2013. No later than
seven calendar days following the mediation, the parties shall deliver a report to this Court
detailing the results of the mediation.
Fees for the mediation are to be agreed on by the parties and the mediator and shall be
divided and borne equally by the parties unless agreed otherwise. Fees shall be paid by the
parties directly to the mediator. Unless otherwise agreed, such fees shall be taxed as costs on
approval of this Court. See TEX. CIV. PRAC. & REM. CODE ANN. § 154.054(b) (West 2011).
The current appellate timetables are hereby suspended pending the occurrence of one of
the following: (1) receipt by this Court of notice of a successful mediation, (2) receipt by this
Court of notice of an unsuccessful mediation, or (3) receipt by this Court of no notice by
August 30, 2013.
To facilitate mediation, we internally abate this appeal until this Court receives notice of
either a successful or unsuccessful mediation or until August 30, 2013, whichever occurs first.
The internal abatement will lift and the appellate timetables will resume on that date.
IT IS SO ORDERED.
BY THE COURT
Date: July 24, 2013
3