Preview
ede 990733
DC-10-18769
§ IN THE DISTRICT COURT
HUMBERTO GONZALEZ §
vs. § DALLAS COUNTY, TEXAS
OSCAR BENAVIDES §
§ 192% JUDICIAL DISTRICT
§
MEDIATION ORDER
This case is appropriate for mediation pursuant to Section 154.001 et seq, of the Texas Civil Practice and
Remedies Code DANIEL C PEREZ @ Work: 214-521-4394 is appointed mediator in the above case and all counse)
are directed to contact mediator to arrange the logistics of mediation within 7 days from the date of this Order. Any
objection to this Order must be filed and served upon all parties and the mediator, and a hearing must be requested,
within 10 days from the date of receipt of this Order; an objection that is neither timely filed nor ruled upon before the
scheduled mediation may be waived.
Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of the
mediator, Mediation is private, confidential and privileged from process and discovery. After mediation, the court will
be advised by the mediator, parties and counsel, only that the case did or did not settle. The mediator shall not be a
witness nor may the mediator’s records be subpoenaed or used as evidence. No subpoenas, citations, writs, or other
process shall be served at or near the location of any mediation session, upon any person entering, leaving or
attending any mediation session.
The mediator will negotiate a reasonable fee with the parties which shall be divided and borne equally by the
parties unless agreed otherwise, paid by the parties directly to the mediator, and taxed as costs. If the parties do not
agree upon the fee requested by the mediator, the court will set a reasonable fee, which shall be taxed as costs.
Each party and their counsel will be bound by the rules for mediation printed on the reverse hereof, and shall
complete the information forms as are furnished by the mediator.
Named parties shall be present during the entire mediation process and each corporate parly must be
represented by an executive officer with authority to negotiate a settlement. Counsel, the parties and the mediator
shall agree upon a mediation date within 20 days from the date of this order. If no date can be agreed upon within
the 20 day period, the mediator shall select a date for the mediation and all parties shall appear as directed by the
mediator.
The date scheduled by the mediator is incorporated in this Order as the date upon which the mediation shall
occur. In any event, the mediation shall be conducted no later than December 30, 2011.
Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as
permitted by law, which may include dismissal or default judgment. Failure to mediate will not be considered cause
for continuance of the trial date. Referral to mediation is neither a substitute for nor a cause for delay of trial, and the
case will be tried if not settled.
A report regarding the outcome of the mediation session is to be mailed by the mediator to the court, with a
copy to the ADR Coordinator, immediately after the mediation session.
Signed ; _ wy ro" =
JUDGE PRESIDING §
cc: Counsel of Record
MediatorRULES FOR MEDIATION
1. Definition of Mediation. Mediation is a process under which an impartial person, the mediator, facilitates communication between the
parties to promote reconciliation, settlement or understanding among them. ‘The mediator may suggest ways of resolving the dispute, but may not
impose his own judgment on the issues for that of the parties.
2. Conditions Precedent to Serving a Mediator. The mediator shall not serve as a mediator in any dispute in which he has any financial or
personal interest in the result of the mediation. Prior to accepting an appointment, the mediator shall disclose any circumstances likely to create a
presumption of bias or prevent a prompt meeting wilh the parties.
3. Authority of Mediator, The mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the
voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer
suggestions to assist the parties achieve settlement. if necessary, the mediator may also obtain expert advice conceming technical aspects of the
dispute, provided that the parties agree and assume the expenses of obtaining such advice, arrangements for obtaining such advice shall be made by
the mediator of the parties, as the mediator shall determine.
4. Parties Responsible for Negotiating Their Own Settlement. The parties understand that the mediator will nol and cannot impose a
settiement in their case, The mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. The mediator
does not warrant or represent that settlement will result from the mediation process.
5. Authority of Representatives. Party representatives must have authority to settle and all persons necessary to the decision to setlle
shall be present. The names and addresses of such persons shall be communicated in writing to all parties and the mediator.
6. Time and Place of Mediation. The mediator shall fix the time of each mediation session. The mediation shall be held at the office of the
mediator ot at any other convenient location agreeable to the mediator and the parties, as the mediator shail determine,
7. Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide the mediator and all
attomeys of record with an information sheet and request for mediation on the form provided by the mediator setting forth its position with regard to the
issues that need to be resolved, At or before the first session, the parties will be expected to produce all information reasonably required for the
mediator to understand the issues presented. The mediator may require any party to supplement such information,
8, Privacy, Mediation sessions are private. The parties and their re
attend only with the permission of the parties and with the consent of the mediator.
resentatives may attend mediation sessions, Other persons may
9, Confidentiality. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not
be divulged by the mediator. All records, reports or other documents received by a mediator while serving in that capacity shall be confidential. The
mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum except as
may be provided in Section 154.073 of the Texas Civil Practice and Remedies Code. Any party that violates this order may be subject to the
imposition of sanctions as may be permitted by law. The parties shall maintain the confidentiality of the mediation and shail not rely on, or introduce as
evidence in any arbitral, judicial or other proceeding: A} Views expressed or suggestions made by another party with respect to a possible settlement of
the dispute; B) Admissions made by another party in the course of the mediation proceedings; C) Proposats made or views expressed by the mediator,
or D) The fact that another party had or had not indicated willingness to accept a proposal for setllement made by the mediator.
10. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape record any portion
of the mediation session.
11. No Service of Process At or Near The Site of The Mediation Session. No Subpoenas, summons, complaints, citations, writs or other
process may be served upon any person at or near the site of any mediation session upon any person entering, attending or leaving the session.
42, Termination of Mediation. The mediation shall be terminated: A) By the execution of a settlement agreement by the parties; B) By
declaration of the mediator to the effect that further efforts al mediation are no longer worthwhile; or C) After the completion of one full mediation
session, by a written declaration of a party of parties to the effect that the mediation proceedings are terminated.
43, Interpretation and Application of Rules. The mediator shall interpret and apply these rules.
14. Fees and Expenses. The mediator’s daily fee, if agreed upon prior to mediation, shall be paid in advance of each mediation day. The
expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including fees and
expenses of the mediator, and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the mediator,
shall be borne equally by the parties unless they agree otherwise.
Preview
ede 990733 DC-10-18769 § IN THE DISTRICT COURT HUMBERTO GONZALEZ § vs. § DALLAS COUNTY, TEXAS OSCAR BENAVIDES § § 192% JUDICIAL DISTRICT § MEDIATION ORDER This case is appropriate for mediation pursuant to Section 154.001 et seq, of the Texas Civil Practice and Remedies Code DANIEL C PEREZ @ Work: 214-521-4394 is appointed mediator in the above case and all counse) are directed to contact mediator to arrange the logistics of mediation within 7 days from the date of this Order. Any objection to this Order must be filed and served upon all parties and the mediator, and a hearing must be requested, within 10 days from the date of receipt of this Order; an objection that is neither timely filed nor ruled upon before the scheduled mediation may be waived. Mediation is a mandatory but non-binding settlement conference, conducted with the assistance of the mediator, Mediation is private, confidential and privileged from process and discovery. After mediation, the court will be advised by the mediator, parties and counsel, only that the case did or did not settle. The mediator shall not be a witness nor may the mediator’s records be subpoenaed or used as evidence. No subpoenas, citations, writs, or other process shall be served at or near the location of any mediation session, upon any person entering, leaving or attending any mediation session. The mediator will negotiate a reasonable fee with the parties which shall be divided and borne equally by the parties unless agreed otherwise, paid by the parties directly to the mediator, and taxed as costs. If the parties do not agree upon the fee requested by the mediator, the court will set a reasonable fee, which shall be taxed as costs. Each party and their counsel will be bound by the rules for mediation printed on the reverse hereof, and shall complete the information forms as are furnished by the mediator. Named parties shall be present during the entire mediation process and each corporate parly must be represented by an executive officer with authority to negotiate a settlement. Counsel, the parties and the mediator shall agree upon a mediation date within 20 days from the date of this order. If no date can be agreed upon within the 20 day period, the mediator shall select a date for the mediation and all parties shall appear as directed by the mediator. The date scheduled by the mediator is incorporated in this Order as the date upon which the mediation shall occur. In any event, the mediation shall be conducted no later than December 30, 2011. Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions, as permitted by law, which may include dismissal or default judgment. Failure to mediate will not be considered cause for continuance of the trial date. Referral to mediation is neither a substitute for nor a cause for delay of trial, and the case will be tried if not settled. A report regarding the outcome of the mediation session is to be mailed by the mediator to the court, with a copy to the ADR Coordinator, immediately after the mediation session. Signed ; _ wy ro" = JUDGE PRESIDING § cc: Counsel of Record MediatorRULES FOR MEDIATION 1. Definition of Mediation. Mediation is a process under which an impartial person, the mediator, facilitates communication between the parties to promote reconciliation, settlement or understanding among them. ‘The mediator may suggest ways of resolving the dispute, but may not impose his own judgment on the issues for that of the parties. 2. Conditions Precedent to Serving a Mediator. The mediator shall not serve as a mediator in any dispute in which he has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the mediator shall disclose any circumstances likely to create a presumption of bias or prevent a prompt meeting wilh the parties. 3. Authority of Mediator, The mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties achieve settlement. if necessary, the mediator may also obtain expert advice conceming technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice, arrangements for obtaining such advice shall be made by the mediator of the parties, as the mediator shall determine. 4. Parties Responsible for Negotiating Their Own Settlement. The parties understand that the mediator will nol and cannot impose a settiement in their case, The mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. The mediator does not warrant or represent that settlement will result from the mediation process. 5. Authority of Representatives. Party representatives must have authority to settle and all persons necessary to the decision to setlle shall be present. The names and addresses of such persons shall be communicated in writing to all parties and the mediator. 6. Time and Place of Mediation. The mediator shall fix the time of each mediation session. The mediation shall be held at the office of the mediator ot at any other convenient location agreeable to the mediator and the parties, as the mediator shail determine, 7. Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide the mediator and all attomeys of record with an information sheet and request for mediation on the form provided by the mediator setting forth its position with regard to the issues that need to be resolved, At or before the first session, the parties will be expected to produce all information reasonably required for the mediator to understand the issues presented. The mediator may require any party to supplement such information, 8, Privacy, Mediation sessions are private. The parties and their re attend only with the permission of the parties and with the consent of the mediator. resentatives may attend mediation sessions, Other persons may 9, Confidentiality. Confidential information disclosed to a mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the mediator. All records, reports or other documents received by a mediator while serving in that capacity shall be confidential. The mediator shall not be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum except as may be provided in Section 154.073 of the Texas Civil Practice and Remedies Code. Any party that violates this order may be subject to the imposition of sanctions as may be permitted by law. The parties shall maintain the confidentiality of the mediation and shail not rely on, or introduce as evidence in any arbitral, judicial or other proceeding: A} Views expressed or suggestions made by another party with respect to a possible settlement of the dispute; B) Admissions made by another party in the course of the mediation proceedings; C) Proposats made or views expressed by the mediator, or D) The fact that another party had or had not indicated willingness to accept a proposal for setllement made by the mediator. 10. No Stenographic Record. There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session. 11. No Service of Process At or Near The Site of The Mediation Session. No Subpoenas, summons, complaints, citations, writs or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending or leaving the session. 42, Termination of Mediation. The mediation shall be terminated: A) By the execution of a settlement agreement by the parties; B) By declaration of the mediator to the effect that further efforts al mediation are no longer worthwhile; or C) After the completion of one full mediation session, by a written declaration of a party of parties to the effect that the mediation proceedings are terminated. 43, Interpretation and Application of Rules. The mediator shall interpret and apply these rules. 14. Fees and Expenses. The mediator’s daily fee, if agreed upon prior to mediation, shall be paid in advance of each mediation day. The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation, including fees and expenses of the mediator, and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the mediator, shall be borne equally by the parties unless they agree otherwise.