IN THE

TENTH COURT OF APPEALS

No. 10-12-00434-CV

MICHAEL A. PEREZ AND ELIZABETH A. PEREZ,

Appellants

v.

BOBBY FELDER D/B/A F&W ELECTRIC,

Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 12-001846-CV-361

ORDER O F R E F E R R A L T O M E D I A T I O N

The Legislature has provided for the resolution of disputes through alternative 

dispute resolution (ADR) procedures. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.001-

154.073 (West 2011). The policy behind ADR is stated in the statute: “It is the policy of 

this state to encourage the peaceable resolution of disputes ... and the early settlement 

of pending litigation through voluntary settlement procedures.” Id. § 154.002. 

Mediation is a form of ADR. Mediation is a mandatory but non-binding settlement 
Perez v. Felder Page 2

conference, conducted with the assistance of a mediator. Mediation is private, 

confidential, and privileged.

We find that this appeal is appropriate for mediation. See id. § 154.021(a); 10TH 

TEX. APP. (WACO) LOC. R. 9.

Judge Rick Morris (ph. 254-718-3388) is appointed as Mediator. The Mediator 

will negotiate a reasonable fee with the parties, and Appellant and Appellee shall each 

pay one-half of the fee directly to the Mediator. The total fee will ultimately be taxed as 

costs by the Court.

Mediation must occur within sixty days after the date of this order. 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.

No less than seven calendar days before the first scheduled mediation session, 

each party must provide the mediator and all other parties with an information sheet 

setting forth the party’s positions about the issues that need to be resolved. At or before 

the first session, all parties must produce all information necessary for the mediator to 

understand the issues presented. The mediator may require any party to supplement 

the information required by this order.

Named parties must be present during the entire mediation process, and each 

party that is not a natural person must be represented by an employee, officer, agent, or

representative with authority to bind the party to settlement.
Perez v. Felder Page 3

Immediately after mediation, the mediator must advise this Court, in writing, 

only that the case did or did not settle and the amount of the mediator’s fee paid by 

each party. The mediator’s fee will be taxed as costs. Unless the mediator agrees to 

mediate without fee, the mediator must negotiate a reasonable fee with the parties, and 

the parties must each pay the agreed-upon fee directly to the mediator.

Failure or refusal to attend the mediation as scheduled may result in the 

imposition of sanctions, as permitted by law. 

Any objection to this order must be filed with this Court and served upon all 

parties within ten days after the date of this order, or it is waived. 

We grant Appellants’ motion for mediation and refer this appeal to mediation. 

The appeal and all appellate deadlines are suspended as of the date of this order. 

The suspension is automatically lifted when the Court receives the mediator’s report. If 

the case is not resolved at mediation, any deadline that began to run and had not 

expired by the date of this order will begin anew as of the date the Court receives the 

mediator’s report. Any document filed by a party after the date of this order and before 

the receipt of the mediator’s report will be deemed filed on the same day, but after the 

mediator’s report is received.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed September 26, 2013

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