Samantha Tianne Erickson v. Lee Robert Erickson ( 2020 )

Order issued April 30, 2020
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-19-00481-CV
———————————
SAMANTHA TIANNE ERICKSON, Appellant
V.
LEE ROBERT ERICKSON, Appellee
On Appeal from the 308th District Court
Harris County, Texas
Trial Court Case No. 2013-10540
MEMORANDUM ORDER
OF REFERRAL TO MEDIATION
The Court has determined that it is appropriate to refer this appeal for
resolution by mediation. Mediation affords the parties an opportunity to resolve
these family-law issues to ensure the best interests of their child while taking into
account their family needs and priorities.
Unsupervised visitation has been in place for over nine months. While the
Court is limited to a record that is frozen in time as of the date of judgment, the
parties are well aware of how the parties have interacted with each other and the
child in the past nine months and how those interactions and other events have
affected their child.
Having concluded that this appeal is suitable for mediation, the Court orders
that the parties be referred to mediation under the following procedures and
deadlines.
1. The parties may object to mediation. An objection, if any, must be filed
with the Clerk of this Court no later than 3:00 pm on May 14, 2020.
2. Absent objection, the parties shall choose a mediator who is board
certified in family law.
3. No later than 3:00 pm on May 28, 2020, 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.txcourts.gov/1stcoa. It also is attached to
this order.
4. The parties shall hold mediation at a time (or times) agreeable to the
parties and the mediator selected that permits the parties and the mediator
to meet the reporting deadline below.
5. Mediation may be by any means agreed to by the parties and mediator to
adhere to social-distancing guidelines, including Zoom meetings online,
so long as the means chosen permit Samantha Erickson and Lee Erickson
to actively participate in the mediation with their counsel.
6. No later than 3:00 pm on June 30, 2020, 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.
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 TEX. CIV. PRAC. & REM. CODE § 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” 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).
Sarah Beth Landau
Justice
Panel consists of Justices Lloyd, Landau, and Countiss.
In The
Court of Appeals
For The
First District of Texas
————————————
NO. 01-19-00481-CV
———————————
SAMANTHA TIANNE ERICKSON, Appellant
V.
LEE ROBERT ERICKSON, Appellee
On Appeal from the 308th District Court
Harris County, Texas
Trial Court Case No. 2013-10540
PARTIES’ NOTIFICATION TO COURT OF MEDIATOR
The parties have agreed that the following person will mediate this cause:
Mediator’s name: ______________________________________
State Bar of Texas identification number: ____________________
Mailing address: _______________________________________
_______________________________________
_______________________________________
Telephone number: ____________________________________
Fax number: __________________________________________
E-mail address: ________________________________________
_________________________________
_________________________________
Attorney’s name:
State Bar of Texas identification number:
Mailing address:
Telephone number:
Fax number:
E-mail address:
Counsel for:
_________________________________
Attorney’s name:
State Bar of Texas identification number:
Mailing address:
Telephone number:
Fax number:
E-mail address:
Counsel for: