in Re Ronald J. Holleman ( 2005 )

IN THE

TENTH COURT OF APPEALS

 

No. 10-05-00329-CV

In re Ronald J. Holleman

Original Proceeding

MEMORANDUM  Opinion

          The petition for writ of mandamus is denied.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Petition denied

Opinion delivered and filed September 14, 2005

[OT06]

of the mediator.  Mediation is private, confidential, and privileged.  See id. §§ 154.021, 154.023(a); 10th Tex. App. (Waco) Loc. R. 9.

Mediation shall take place with the Dispute Resolution Center (ph. 979-822-6947), who shall appoint a Mediator.

The parties are directed to confer with the Mediator to establish a date for the mediation.  In the event the parties cannot agree on a date for the mediation, the Mediator shall select and set a date and time, within 45 days after the date of this order.

At least three days before the first scheduled mediation session, each party shall provide the Mediator and all other parties with an information sheet setting forth the party’s positions about the issues in the case and produce all information (including but not limited to their respective appellate briefs) necessary for the Mediator to understand the issues presented.  This Court will provide the Mediator with a copy of the Reporter’s Record of the hearing of this matter at issue in this appeal.  The Mediator may require any party to supplement the information required by this Order.

Named parties and their counsel shall attend and be present during the entire mediation process.  Failure or refusal to attend the mediation as ordered may result in the imposition of sanctions, as permitted by law.

After mediation, the Mediator must advise the Court forthwith, in writing, when the process was completed, whether the parties and their counsel appeared as ordered, whether a settlement resulted, and the amount and terms of his fee agreement.  The Mediator shall send a copy of the report to each party.

Any objection to this Mediation Order must be filed with this Court and served upon all parties within ten days or it is waived.

We abate this appeal for mediation.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

(Chief Justice Gray dissents with a note)*

Appeal abated for mediation

Order issued and filed March 14, 2007

Do not publish

            * “(How wonderful for the father, the mother, and the children.  A father whose parental rights have been terminated and has at every turn in this litigation sought to expedite rather than delay these proceedings will now have to suffer through a 45 day delay for a mediation.  His brief has been filed, the mother’s brief is due but she requested an extension to file her brief which the father opposed.  The legislature could not be more clear that proceedings involving the termination of parental rights should receive our immediate and diligent attention and we should do nothing to delay them.  And while the order reads as if the mediator has not been decided upon – such is not the case.  Justice Vance has already picked the mediator, an old friend from Brazos County.  This mediation will be a challenge without that baggage but he is a former district judge and if the father will give the mediator some latitude, he may be able to get something done.  Given that the majority is otherwise delaying the ultimate disposition of this appeal by such a long time, I certainly hope so.  I would deny the mother’s motion to extend the time to file her brief and set the case for submission in 21 days without oral argument.  And if possible, I would issue the opinion deciding the merits of the appeal on that date, or use rule 2 to shorten the time if the opinion was finished before that date.  So yes, I dissent to the abatement order.)”