Ronke Olley and Jeff Olley v. Driftwood Hospitality Mgt II LLC. Manager of Hyatt House Houston/Energy Corridor Texas ( 2015 )


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  • Order issued November 6, 2015
    In The
    Court of Appeals
    For The
    First District of Texas
    NO. 01-15-00889-CV
    RONKE OLLEY AND JEFF OLLEY, Appellants
    V.
    DRIFTWOOD HOSPITALITY MGT II LLC, MANAGER OF HYATT
    HOUSE HOUSTON/ENERGY CORRIDOR TEXAS, Appellee
    On Appeal from County Civil Court at Law No. 3
    Harris County, Texas
    Trial Court Cause No. 1057687
    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 (Vernon 2005). Accordingly, 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. 1 See 
    id. §§ 154.052,
    154.054(a) (Vernon 2005). 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
    (Vernon 2005). 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.
    11
    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.
    •      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
    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)
    (Vernon 2005).
    All communications relating to the mediation are confidential and not subject to
    disclosure, except as set forth by law. See 
    id. § 154.073
    (Vernon 2005). 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.
    Nothing in this order modifies the timetables in the Texas Rules of Appellate
    Procedure regarding the appellate record and briefs.
    /s/ Laura Carter Higley
    Justice Laura Carter Higley
    Acting Individually
    

Document Info

Docket Number: 01-15-00889-CV

Filed Date: 11/6/2015

Precedential Status: Precedential

Modified Date: 11/9/2015