Order filed March 6, 2018

In The

Fourteenth Court of Appeals ____________

NO. 14-18-00154-CV

____________

In the Interest of E.R., a Child

On Appeal from the 300th District Court

Brazoria County, Texas

Trial Court Cause No. 87661-F

ORDER

We have determined that this case is appropriate for referral to mediation, an 

alternative dispute resolution process. See Tex. Civ. Prac. & Rem. Code §§ 

154.021—.073. Mediation is a forum in which an impartial person, the mediator, 

facilitates communication between parties to promote reconciliation or settlement.

Id.§ 154.023(a). Any communication relating to the subject matter of the appeal 

made by a participant in the mediation proceeding is confidential. See Tex. Civ. Prac. 

& Rem. Code § 154.053. After mediation, the parties shall advise the court whether 

the case settled, or whether any further negotiation efforts are planned.
2

Therefore, the court ORDERS as follows:

1. The underlying dispute is referred to mediation. 

2. Any party may file a written objection to this order with the clerk of this 

court within 10 days of the date of this order. See Tex. Civ. Prac. & Rem. 

Code § 154.022. If this court finds that there is a reasonable basis for the 

objection, the objection shall be sustained. See id.

3. Mediation shall be held within 30 days of the date of this order. All parties 

or their representatives with full settlement authority shall attend the 

mediation process with their counsel of record. The parties shall advise the 

court in writing within two days of conclusion of the mediation whether 

the case settled.

4. If mediation fully resolves the issues in the case, the parties shall file a 

motion to dismiss the appeal, other dispositive motion, within five days of 

the conclusion of the mediation.

5. This case shall remain open and active. All deadlines remain in place.

PER CURIAM
RULES FOR MEDIATION

i. 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 

disputes, but may not impose his own judgment on the issues for that of the parties.

ii. Agreement of Parties. Whenever the parties have agreed to mediation they shall be 

deemed to have made these rules, as amended and in effect as of the date of the submission 

of the dispute, a part of their agreement to mediate.

iii. Consent to Mediator. The parties consent to the appointment of the individual named as 

mediator in their case. The Mediator shall act as an advocate for resolution and shall use 

his best efforts to assist the parties in reaching a mutually acceptable settlement.

iv. Conditions Precedent to Serving As 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 with the 

parties. In the event that the parties disagree as to whether the Mediator shall serve, the 

Mediator shall not serve.

v. Authority of the 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 concerning 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 or the parties, as the Mediator shall 

determine.

vi. Commitment to Participate in Good Faith. While no one is asked to commit to settle 

their case in advance of mediation, all parties commit to participate in the proceedings in 

good faith with the intention to settle, if at all possible.

vii. Parties Responsible for Negotiating Their Own Settlement. The parties understand that 

the Mediator will not and cannot impose a settlement in their case and agree that they are 

responsible for negotiating a settlement acceptable to them. 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.

viii. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE 

AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE 

DECISION TO SETTLE SHALL BE PRESENT. The names and addresses of such 

persons shall be communicated in writing to all parties and to the Mediator prior to the 

mediation.
ix. 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, or at any other convenient 

location agreeable to the Mediator and the parties, as the Mediator shall determine.

x. Identification of Matters in Dispute. Prior to the first scheduled mediation session, each 

party shall provide the Mediator with confidential information in the form requested 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.

xi. Privacy. Mediation sessions are private. The parties and their representatives may attend 

mediation sessions. Other persons may attend only with the permission of the parties and 

with the consent of the Mediator.

xii. 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. 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 

or records from the Mediator.

The parties shall maintain the confidentiality of the mediation and shall not relay 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) proposals 

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 settlement made by the Mediator.

xiii. No Stenographic Record. There shall be no stenographic record made of the mediation 

process.

xiv. 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.

xv. 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 at mediation are no longer worthwhile; or c) after the completion of one full 

mediation session, by a written declaration of a party or parties to the effect that the 

mediation proceedings are terminated.

xvi. Exclusion of Liability. The Mediator is not a necessary or proper party in judicial 

proceedings relating to the mediation. Neither Mediator nor any law firm employing 
Mediator shall be liable to any party for any act or omission in connection with any 

mediation conducted under these rules.

xvii. Interpretation and Application of Rules. The Mediator shall interpret and apply these 

rules.

xviii. Fees and Expenses. The Mediator’s daily fee shall be agreed upon prior to mediation and 

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. 
Fourteenth Court of Appeals

MEDIATOR’S REPORT

Date: ____________________________

Christopher A. Prine, Clerk 

301 Fannin, Room 245

Houston, TX 77002

Re: Appellate number:

Case style:

In compliance with this court’s order dated ________________________________, I 

conducted a mediation proceeding in this case on _____________________________.

The mediation [ did / did not ] result in a [ full / partial ] resolution of the matters in dispute. 

To my knowledge, further negotiation efforts [ are / are not ] planned.

The parties and mediator have agreed that the mediator shall be paid as follows:

$_______________________ paid by ______________________

$_______________________ paid by ______________________

$_______________________ paid by ______________________

$_______________________ paid by ______________________

Mediator:

Address:

Telephone

E-Mail Address

Return immediately after mediation to:

14th Court of Appeals; 301 Fannin, Room 245, Houston, Texas 77002

(713) 274-2800