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Order filed June 9, 2022 

In The

Fourteenth Court of Appeals

____________

NO. 14-22-00312-CV

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BIJAN MERRIKH, Appellant

V.

JOSEPH COSTA AND JOHNA COSTA, Appellees

On Appeal from the 125th District Court

Harris County, Texas

Trial Court Cause No. 2018-28389

ABATEMENT 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. 

The court ORDERS the appeal ABATED for a period of sixty days and 

refers the underlying dispute to mediation. Any party may file a written objection 
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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 and the appeal 

reinstated on this court’s active docket. See id.

The court ORDERS that the mediation be held within 60 days of the date of 

this order. The court ORDERS that all parties or their representatives with full 

settlement authority shall attend the mediation process, with their counsel of 

record. The court FURTHER ORDERS that within 48 hours of completion of 

the mediation, the parties shall advise the court in writing whether the case settled.

If mediation fully resolves the issues in the case, the court ORDERS the 

parties to file a motion to dismiss the appeal, other dispositive motion, or a motion 

for additional time to file the dispositive motion, within 10 days of the conclusion 

of the mediation. 

The court ORDERS the appellate timetable in this case suspended for 60 

days from the date of this order.

The appeal is ABATED, treated as a closed case, and removed from this 

court’s active docket for a period of sixty days. The appeal will be reinstated on 

this court’s active docket after sixty days. Any party may file a motion stating 

grounds for reinstating the appeal before the end of the sixty-day period. 

Any party may also file a motion to dismiss the appeal or other dispositive 

motion at any time. Any party may file a motion to extend the abatement period 

for completion of mediation or to finalize a settlement. 

PER CURIAM

Panel Consists of Justices Bourliot, Hassan, and Wilson.
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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 
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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.
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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. 
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Fourteenth Court of Appeals

MEDIATORS 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