in Re Jason Coalson and Jessica Coalson ( 2022 )


Menu:
  •                                   IN THE
    TENTH COURT OF APPEALS
    No. 10-21-00190-CV
    IN RE JASON COALSON
    AND JESSICA COALSON
    Original Proceeding
    From the 220th District Court
    Hamilton County, Texas
    Trial Court No. CV07519
    REFERRAL TO MEDIATION ORDER
    The Legislature has provided for the resolution of disputes through alternative
    dispute resolution (ADR) procedures. See TEX. CIV. PRAC. & REM. CODE §§ 154.001-
    154.073. 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. 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 proceeding is appropriate for mediation. See id. § 154.021(a).
    The parties are ordered to confer and attempt to agree upon a mediator. Within
    fourteen days after the date of this Order, appellant 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 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
    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
    In re Coalson                                                                           Page 2
    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 this proceeding to mediation.
    This proceeding is suspended as of the date of this Order. The suspension of this
    proceeding is automatically lifted when the mediator’s report to the Court is received.
    If the matter is not resolved at mediation, any deadline that began to run and had not
    expired by the date of this Order will begin anew as of the date the mediator’s report to
    the Court is received. Any document filed by a party after the date of this Order and
    prior to the filing of the mediator’s report will be deemed filed on the same day, but
    after, the mediator’s report is received.
    PER CURIAM
    Before Chief Justice Gray,
    Justice Johnson, and
    Justice Smith
    Referred to mediation
    Order issued and filed September 6, 2022
    [RWR]
    In re Coalson                                                                       Page 3
    

Document Info

Docket Number: 10-21-00190-CV

Filed Date: 9/6/2022

Precedential Status: Precedential

Modified Date: 9/9/2022