Preview
Cause No. 05-31134 )
("Medi
FREDERICK MARTIN § IN THE DISTRICT COURT O1
§
VS 8 HARRIS COUNTY, TEXAS
x
§
AARON BOHLS § 189" JUDICIAL DISTRICT
ORDER OF REFERRAL FOR MEDIATION
This case is appropriate for mediation pursuant to Tex. Civ. Prac. & Rem. Code
Sec. 154.001, ef seg. BRYAN COLEMAN, Bar /#04556500 appointed Mediator in
the above case, and all counsel are directed to contact the Mediator to arrange the
logistics of mediation lhe Mediator’s address and phone number are listed on your
notice of mediation.
Mediation is mandatory, non-binding settlement conference, conducted with the
as: tance of the Mediator. Mcdiation is private, confidential, and privileged from
process and discovery. After mediation, the Court will be advised only that the case did
or did not settle. The Mediator shall not be a witness, and the Mediator’s records may
not be subpoenaed or used as evidence
Fees for the mediation are to be agreed upon by the parties and the Mediator, and
divided and borne equally by the parties unless agreed otherw Fees shall be paid by
the parties directly to the Mediator, and shall be taxed as cost! ach party and counsel
will be bound by the Rules for Mediation printed on the back of this order
Named parties shall be present during the entire mediation process, and each
corporate party must be represented by a person with authority to negotiate a settlement,
The mediation must be completed by Nov. 8, 2007, or before the trial setting, whichever
comes first. Counsel and parties shall try to agree upon a mediation date within the next
30 days. [f no agreed date can be scheduled, then the Mediator shall select a date, and all
parties shall appear as directed by the Mediator
Referral to mediation is not a substitute for trial and the case will be tried as
OS Nee
assigned if not settled. Disputes as to fees may be submitted to the Court
Signed
v
JUDGE WIL feTAM R. BURI IR.
oto
189" District Court
F cHnned BACARISSE D
District Cle
JUN 97 2007
by Cay Toss
RECORDER’
This instrumentMEMORANDUM Deputy
at the time of im:ear ualy
RULES FOR MEDI TION
I Definition of Mediation, Mediation is a process under which an impartial person, the Mediator. facilitate:
communication between the parties to promote reconciliation, settlement or understandin: amor hem. The Mediator may su: st wa sof
resolving the dispute, but may not impose his own judgment on the issues for that of the parties
> Agreem: nt of Parties, Whenever the parties have eed to mediation they shall be deemed to have mate thi
rules, as amended and in effect as of the date of the submission of the dispute. as part of their eement to mediate.
y3 tor. ‘The parties con
Consent to Medi nt to the appointment of the individual named3 the Mediator in their case.
The Mediator shall act as an advocate for resolution nand shall use his best efforts to assist the parties in reaching mutually acceptable
settlement.
Conditions Precedent to Serving as Mediator, ‘The Mediator will only serve in cases in which attorneys represent
the parties The Mediator shall not serve a Medi jor in any dispute
in which he hi any financial or perso al interest in the result of the
mediation. Prior to accept 2 an appointment, the Mediator shall disclose any: cite nistances likely to create a presumption of bi or
prevent a prompt meeting with the parties, In the eventthat the parties disagree as to whether the Mediator shall serve, the Mediator shall
hot serve
Authority of Mediator. The Mediator does not have the authority to decide any issue for the parti but will
attempt to facilitate the voluntary resolution of the dispute by the parties The Mediator is authorized to conduct joint and separate meeting
with the parties and to offer suggestions to assist the parties achievin ng tlement, If necessary. the Mediator may also obtai expert advice
concerning te hnical aspects of the dispute. provided that the parties agree and assume the expenses of oblaining such advic
Arrangements for obtaining such advice shall be made by the Mediator or the parties. as the Mediator shall determine.
6. Mediator Cannot Impose Settlement, ‘Phe parties understand that the Mediator will not and cannot impose a
settlement
in theit case and agree that a settlement,
if any. must be voluntarily agreed to by the parties, ‘The Mediator an advocate for
settlement, will u ewry effort to facilitate the negotiations The Mediator do not warrant or repr sent that settlement will r sult from
the mediation process
7 Authority of Representatives
PARTY REPRESENTATIVES MUST HAVE UTHORITY TO SETTLEA ND
ALL PERSONS NECE SARY TO THE DECISION TO SE E SHALL BE PRI SENT The names and addresses of such persons shall
be communicated in writing to all parties and to the Mediator.
8. Times and Place of Medi: ion. The Mediator shall lix the time of each mediation session. The mediation shall be held atthe
office of the Mediator, or at any other convenient location agreeable to the Mediator and the parties is the Mediator shall determine,
9. Identification of Matters Dispute. Prior to the first scheduled mediation session, each party shall provide the
Mediator and all attorneys of record with an Information Sheet and Request For Mediation on the form provided by the Mediator setting
forth its pe jon with regard to the issues that need to be resolved
10, Privacy, Me lation sessions are private The parties and their representativ s may attend mediation sessions, Other
persons may attend only with the permission of the parties and with the consent of the Mediator
UL Confidentiality. ‘The Mediator shall not divu 2 ¢ confidential information disclosed to a Mediator by the parties or by
witn ses in the course of mediation. All records. reports. or other documents received by a Mediator white serving in that capacity shall be
confidential, rhe Mediator shall not be compelled to divulg: such records or to testify in r cgardto the mediation in any adversary:
proceeding or judicial forum. Any party that violates this agreement shall pay all fees and expenses of the Mediator and other parties.
including reasonable attorney’s fees, incurred in opposing the efforts to compel testimony of records from the Madiator
the parties shalt maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral,
judicial, or other proceeding: a) views expressed or suggestions mate by another party with respect to a possible settlement of the dispute
) admissions made by another party in the course of the mediation proceedings: ¢) proposals made or views expressed by the Mediator: or
d) the fact that another party had or had not indicated a willingness t accept a proposal for settlement made by the Mediator.
12, No Stenograph R cord. There shall be no stenographic record of the mediation process and no person shall tape
record any portion of the mediation session.
13, No Service of Process or Near the Site of the Mediation Session, No subpoenas, summons. complaints
citations, writ or other process may be served uponany person al or near the s ¢ of any mediation session upon any person entering,
attendit or leavil the session
i Vert nal mn of Mediation. The mediation shall be terminated: a) by the execution of a settlement agreement by the
parties: b) by dec jarationof the Mediator to the effect that further efforts at mediation are no longer worthwhile-or ¢) after the completion
of one full mediation session, by a written declaration ofa party or parties to the effect that the mediation sessions are terminated
15 Exclusion of Liability The Mediator is not a nevessary or proper party in judicial proceedings relating to the
mediation, Neither Mediator nor any law f m employing Mediator shall be liable to any party for any actor omission in connection with
any mediation conducted under these rules
16. Interpretations
and Application of Rules. ‘The Mediator st I interpret and apply these rules
17. sand Expenses ‘The Mediator’s daily fee shall be agreed upon prior to mediation and shall be paid in advance of
cach mediation day. ‘The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of
the mediation. includi fees and expenses of the Mediator, shall be borne equally by the parties unless they agree otherwise
Preview
Cause No. 05-31134 ) ("Medi FREDERICK MARTIN § IN THE DISTRICT COURT O1 § VS 8 HARRIS COUNTY, TEXAS x § AARON BOHLS § 189" JUDICIAL DISTRICT ORDER OF REFERRAL FOR MEDIATION This case is appropriate for mediation pursuant to Tex. Civ. Prac. & Rem. Code Sec. 154.001, ef seg. BRYAN COLEMAN, Bar /#04556500 appointed Mediator in the above case, and all counsel are directed to contact the Mediator to arrange the logistics of mediation lhe Mediator’s address and phone number are listed on your notice of mediation. Mediation is mandatory, non-binding settlement conference, conducted with the as: tance of the Mediator. Mcdiation is private, confidential, and privileged from process and discovery. After mediation, the Court will be advised only that the case did or did not settle. The Mediator shall not be a witness, and the Mediator’s records may not be subpoenaed or used as evidence Fees for the mediation are to be agreed upon by the parties and the Mediator, and divided and borne equally by the parties unless agreed otherw Fees shall be paid by the parties directly to the Mediator, and shall be taxed as cost! ach party and counsel will be bound by the Rules for Mediation printed on the back of this order Named parties shall be present during the entire mediation process, and each corporate party must be represented by a person with authority to negotiate a settlement, The mediation must be completed by Nov. 8, 2007, or before the trial setting, whichever comes first. Counsel and parties shall try to agree upon a mediation date within the next 30 days. [f no agreed date can be scheduled, then the Mediator shall select a date, and all parties shall appear as directed by the Mediator Referral to mediation is not a substitute for trial and the case will be tried as OS Nee assigned if not settled. Disputes as to fees may be submitted to the Court Signed v JUDGE WIL feTAM R. BURI IR. oto 189" District Court F cHnned BACARISSE D District Cle JUN 97 2007 by Cay Toss RECORDER’ This instrumentMEMORANDUM Deputy at the time of im:ear ualy RULES FOR MEDI TION I Definition of Mediation, Mediation is a process under which an impartial person, the Mediator. facilitate: communication between the parties to promote reconciliation, settlement or understandin: amor hem. The Mediator may su: st wa sof resolving the dispute, but may not impose his own judgment on the issues for that of the parties > Agreem: nt of Parties, Whenever the parties have eed to mediation they shall be deemed to have mate thi rules, as amended and in effect as of the date of the submission of the dispute. as part of their eement to mediate. y3 tor. ‘The parties con Consent to Medi nt to the appointment of the individual named3 the Mediator in their case. The Mediator shall act as an advocate for resolution nand shall use his best efforts to assist the parties in reaching mutually acceptable settlement. Conditions Precedent to Serving as Mediator, ‘The Mediator will only serve in cases in which attorneys represent the parties The Mediator shall not serve a Medi jor in any dispute in which he hi any financial or perso al interest in the result of the mediation. Prior to accept 2 an appointment, the Mediator shall disclose any: cite nistances likely to create a presumption of bi or prevent a prompt meeting with the parties, In the eventthat the parties disagree as to whether the Mediator shall serve, the Mediator shall hot serve Authority of Mediator. The Mediator does not have the authority to decide any issue for the parti but will attempt to facilitate the voluntary resolution of the dispute by the parties The Mediator is authorized to conduct joint and separate meeting with the parties and to offer suggestions to assist the parties achievin ng tlement, If necessary. the Mediator may also obtai expert advice concerning te hnical aspects of the dispute. provided that the parties agree and assume the expenses of oblaining such advic Arrangements for obtaining such advice shall be made by the Mediator or the parties. as the Mediator shall determine. 6. Mediator Cannot Impose Settlement, ‘Phe parties understand that the Mediator will not and cannot impose a settlement in theit case and agree that a settlement, if any. must be voluntarily agreed to by the parties, ‘The Mediator an advocate for settlement, will u ewry effort to facilitate the negotiations The Mediator do not warrant or repr sent that settlement will r sult from the mediation process 7 Authority of Representatives PARTY REPRESENTATIVES MUST HAVE UTHORITY TO SETTLEA ND ALL PERSONS NECE SARY TO THE DECISION TO SE E SHALL BE PRI SENT The names and addresses of such persons shall be communicated in writing to all parties and to the Mediator. 8. Times and Place of Medi: ion. The Mediator shall lix the time of each mediation session. The mediation shall be held atthe office of the Mediator, or at any other convenient location agreeable to the Mediator and the parties is the Mediator shall determine, 9. Identification of Matters Dispute. Prior to the first scheduled mediation session, each party shall provide the Mediator and all attorneys of record with an Information Sheet and Request For Mediation on the form provided by the Mediator setting forth its pe jon with regard to the issues that need to be resolved 10, Privacy, Me lation sessions are private The parties and their representativ s may attend mediation sessions, Other persons may attend only with the permission of the parties and with the consent of the Mediator UL Confidentiality. ‘The Mediator shall not divu 2 ¢ confidential information disclosed to a Mediator by the parties or by witn ses in the course of mediation. All records. reports. or other documents received by a Mediator white serving in that capacity shall be confidential, rhe Mediator shall not be compelled to divulg: such records or to testify in r cgardto the mediation in any adversary: proceeding or judicial forum. Any party that violates this agreement shall pay all fees and expenses of the Mediator and other parties. including reasonable attorney’s fees, incurred in opposing the efforts to compel testimony of records from the Madiator the parties shalt maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding: a) views expressed or suggestions mate by another party with respect to a possible settlement of the dispute ) admissions made by another party in the course of the mediation proceedings: ¢) proposals made or views expressed by the Mediator: or d) the fact that another party had or had not indicated a willingness t accept a proposal for settlement made by the Mediator. 12, No Stenograph R cord. There shall be no stenographic record of the mediation process and no person shall tape record any portion of the mediation session. 13, No Service of Process or Near the Site of the Mediation Session, No subpoenas, summons. complaints citations, writ or other process may be served uponany person al or near the s ¢ of any mediation session upon any person entering, attendit or leavil the session i Vert nal mn of Mediation. The mediation shall be terminated: a) by the execution of a settlement agreement by the parties: b) by dec jarationof the Mediator to the effect that further efforts at mediation are no longer worthwhile-or ¢) after the completion of one full mediation session, by a written declaration ofa party or parties to the effect that the mediation sessions are terminated 15 Exclusion of Liability The Mediator is not a nevessary or proper party in judicial proceedings relating to the mediation, Neither Mediator nor any law f m employing Mediator shall be liable to any party for any actor omission in connection with any mediation conducted under these rules 16. Interpretations and Application of Rules. ‘The Mediator st I interpret and apply these rules 17. sand Expenses ‘The Mediator’s daily fee shall be agreed upon prior to mediation and shall be paid in advance of cach mediation day. ‘The expenses of witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation. includi fees and expenses of the Mediator, shall be borne equally by the parties unless they agree otherwise