Order issued May 8, 2013
In The
Court of Appeals
For The
First District of Texas
NO. 01-12-00990-CV
THE BETTER BUSINESS BUREAU
OF METROPOLITAN HOUSTON, INC., Appellant
V.
JOHN MOORE SERVICES, INC. AND
JOHN MOORE RENOVATION, LLC, Appellees
On Appeal from 269th District Court
Harris County, Texas
Trial Court Cause No. 1235162
MEMORANDUM ORDER
OF REFERRAL TO MEDIATION
Appellant’s counsel has advised the Court that a mediation has been
scheduled in this matter on May 9, 2013. Accordingly, 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 (Vernon 2005). The Court
orders that this appeal be referred to mediation unless any party to the appeal files
an objection with the Clerk of this Court 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. 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 5 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 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—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
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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, any objection to 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/ Michael Massengale
Justice Massengale
Acting Individually
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