Order issued February 18, 2014
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-13-00069-CV
———————————
CLAY JEANSONNE AND DONNA JEANSONNE, Appellants
V.
T-MOBILE WEST CORPORATION, Appellee
On Appeal from the 164th District Court
Harris County, Texas
Trial Court Case No. 2011-36355
MEMORANDUM ORDER
OF REFERRAL TO MEDIATION
The Court determines that it is appropriate to refer this appeal for resolution
by mediation. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.021, 154.022(a),
154.023. Accordingly, the Court orders that this appeal be referred to mediation
within ten days after receiving this order. See id. § 154.022(b).
The parties shall choose a qualified mediator and agree on a reasonable fee
for the mediator’s services.1 See id. §§ 154.052, 154.054(a). When the parties
notify the Clerk of this Court of the name of the mediator, that person shall be
deemed appointed by the Court. See id. § 154.051. The parties should provide the
mediator with a completed “Notification to Mediator” and the “Appointment and
Fee Report—Mediation” form. These documents can be downloaded from the
forms page of the Court’s website at http://www.1stcoa.courts.state.tx.us.
The Court sets the following deadlines:
• No later than 15 days from the date that this order is issued, the
parties shall file with the Clerk of this Court a completed
“Parties’ Notification to Court of Mediator.” This document can
be downloaded from the forms page of the Court’s website at
http://www.1stcoa.courts.state.tx.us.
• No later than 45 days from the date that this order is issued, the
parties shall conduct the mediation.
• No later than two days from the conclusion of the mediation,
the parties and the mediator shall advise the Clerk of this Court
in writing whether the parties did or did not settle the
underlying dispute, and the mediator shall file with the Clerk of
this Court a completed “Appointment and Fee Report—
1
The Court does not recommend mediators. Mediation information is available
from the Dispute Resolution Center of Harris County ((713) 755-8274 and
http://www.co.harris.tx.us/DRC), the Fort Bend Dispute Resolution Center ((281)
342-5000), the Alternate Dispute Resolution Section of the State Bar of Texas
(http://www.texasadr.org/), and other groups. The parties are not required to use a
mediator recommended or listed by these groups.
Mediation” form. This document can be downloaded from the
forms page of the Court’s website at
http://www.1stcoa.courts.state.tx.us.
All parties, or their representative with full settlement authority, shall attend
the mediation with their counsel. The mediator shall encourage and assist the
parties in reaching a settlement of their dispute, but may not compel or coerce the
parties to enter into a settlement agreement. See id. § 154.053(a). All
communications relating to the mediation are confidential and not subject to
disclosure, except as set forth by law. See id. § 154.073. The Clerk of this Court,
however, will file this order and the completed “Parties’ Notification to Court of
Mediator” and “Appointment and Fee Report—Mediation” forms with the other
documents filed in this appeal that are available for public inspection.
Unless expressly authorized by the disclosing party, the mediator may not
disclose to either party information given in confidence by the other and shall at all
times maintain confidentiality with respect to communications relating to the
subject matter of the dispute. See id. § 154.053(b). Unless the parties agree
otherwise, all matters, including the conduct and demeanor of the parties and their
counsel during the settlement process, are confidential and may never be disclosed
to anyone, including this Court. See id. § 154.053(c).
The Court will consider the agreed fee for the mediator’s services to be
reasonable and tax that fee as a cost of the appeal unless the parties agree to
another method of payment. See id. § 154.054.
/s/ Chief Justice Sherry Radack
Chief Justice Sherry Radack
Acting Individually