### IN THE TENTH COURT OF APPEALS No. 10
- 14 - 00244
- CV RUSSELL CALDWELL D/B /A RW CALDWELL CONSTRUCTIO N , Appellant v. JACKIE WRIGHT , Appellee

From the 40th District Court Ellis County, Texas Trial Court No. 85781

MEDIATION ORDER
The Legislature has provided for the resolution of disputes through alternative dispute resolution (ADR) procedures. See T EX
. C IV
. P RAC
. & R EM
. C ODE A NN
. §§ 154.001

- 154.073 ( West 20 11 ). The policy behind ADR is stated in the statute: “It is the policy o f this state to encourage the peaceable resolution of disputes . . . and the early settlement of pending litigation through voluntary settlement procedures.” Id . § 154.002 ( West
20 11 ). Mediation is a form of ADR. Mediation is a mandatory but non

- bindingCaldwell v. Wright Page 2

settlement 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) ( West
20 11 ); 10 TH T EX
. A PP
. (W ACO ) L OC . R. 9. The par ties are ordered to confer and attempt to agree upon a mediator. Within fourteen days after the date of this Order, Appellant is ordered to file a notice with the Clerk of this Court which either identifies the agreed

- upon mediator or states that the part ies are unable to agree upon a mediator. If the notice states that the parties are unable to agree upon a mediator, this Court will assign a mediator. Mediation must occur within thirty days after the date the above

- referenced notice agreeing to a media tor is filed or, if no mediator is agreed upon, within thirty days after the date of the order assigning a mediator. 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 a n employee, officer, agent , orCaldwell v. Wright Page 3

representat ive with authority to bind the party to settlement. 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 fees 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 one

- half of the agreed

- upon fee directly to the mediator.
Failure or refusal to attend the entire 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 re fer this appeal to mediation. The appeal and all appellate deadlines are suspended as of the date of this Order. The suspension of the appeal is automatically lifted when the mediator’s report to the
Court is received. If the matter 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 mediator’s report to the Court is received. Any document filed by a party after the date of this Order and prior to the filing of th e mediator’s report will be deemed filed on the same day, but after, the mediator’s report is received.

PER CURIAMCaldwell v. Wright Page 4

Before Chief Justice Gray, and Justice Davis ( Justice Scoggins did not participate in this decision) Mediation ordered Order issued and filed September 8, 2014