COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

MEMORANDUM ORDER

Appellate case name: In re Christian Faith Missionary Baptist Church

Appellate case number: 01-14-00057-CV

Trial court case number: 2012-73452

Trial court: 127th District Court of Harris County

On January 17, 2014, Relator Christian Faith Missionary Baptist Church filed a Petition 

for Writ of Mandamus and an Unopposed Motion for Emergency Stay. The stay is GRANTED

and the proceedings in the trial court, including discovery, are STAYED, pending the outcome 

of this mandamus proceeding.

The Court REQUESTS that the Real Parties in Interest file a response to the mandamus 

petition. The response, if any, shall be filed within 20 days of the date of this order.

Finally, the Court determines that it is appropriate to refer this dispute for resolution by 

mediation. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.021, 154.022(a), 154.023 (West 

2013). Accordingly, the Court ORDERS the parties to attend mediation within the next 30 days

unless any party to the appeal files an objection with the Clerk of this Court within ten days after 

receiving this order. See id. § 154.022(b). 

The parties shall choose a qualified mediator and agree on a reasonable fee for the 

mediator’s services. 1 See id. §§ 154.052, 154.054(a) (West 2013). When the parties notify the 

Clerk of this Court of the name of the mediator, that person shall be deemed appointed by the 

Court. See id. § 154.051 (West 2013). The parties should provide the mediator with a completed 

“Notification to Mediator” and the “Appointment and Fee Report—Mediation” form. These 

documents can be downloaded from the forms page of the Court’s website at 

http://www.1stcoa.courts.state.tx.us. 

The Court does not recommend mediators. Mediation information is available from the 

Dispute Resolution Center of Harris County ((713) 755-8274 

(https://www.harriscountytx.gov/drc), and the Alternate Dispute Resolution Section of the State 

Bar of Texas (http://www.texasadr.org/), and other groups. The parties are not required to use a 
mediator recommended or listed by these groups, and the Court encourages the parties to use a 

mediator experienced in mediating church disputes.

The Court sets the following deadlines:

• No later than 15 days from the date that this order is issued, the parties shall file with the Clerk 

of this Court a completed “Parties’ Notification to Court of Mediator.” This document can be 

downloaded from the forms page of the Court’s website at http://www.1stcoa.courts.state.tx.us. 

• No later than 30 days from the date that this order is issued, the parties shall conduct the 

mediation. 

• No later than two days from the conclusion of the mediation, the parties and the mediator shall 

advise the Clerk of this Court in writing whether the parties did or did not settle the underlying 

dispute, and the mediator shall file with the Clerk of this Court a completed “Appointment and 

Fee Report—Mediation” form. This document can be downloaded from the forms page of the 

Court’s website at http://www.1stcoa.courts.state.tx.us. 

All parties, or their representative with full settlement authority, shall attend the 

mediation with their counsel. The mediator shall encourage and assist the parties in reaching a 

settlement of their dispute, but may not compel or coerce the parties to enter into a settlement 

agreement. See id. § 154.053(a) (West 2013). All communications relating to the mediation are 

confidential and not subject to disclosure, except as set forth by law. See id. § 154.073 (West 

2013). The Clerk of this Court, however, will file this order, any objection to this order, and the 

completed “Parties’ Notification to Court of Mediator” and “Appointment and Fee Report—

Mediation” forms with the other documents filed in this appeal that are available for public 

inspection. 

Unless expressly authorized by the disclosing party, the mediator may not disclose to 

either party information given in confidence by the other and shall at all times maintain 

confidentiality with respect to communications relating to the subject matter of the dispute. See 

id. § 154.053(b). Unless the parties agree otherwise, all matters, including the conduct and 

demeanor of the parties and their counsel during the settlement process, are confidential and may 

never be disclosed to anyone, including this Court. See id. § 154.053(c). 

The Court will consider the agreed fee for the mediator’s services to be reasonable and 

tax that fee as a cost of the appeal unless the parties agree to another method of payment. See id. 

§ 154.054. 

Nothing in this order modifies the timetables in the Texas Rules of Appellate Procedure 

regarding the appellate record and briefs. 

It is so ORDERED.

Judge’s signature: /s/ Rebeca Huddle

Acting individually

Date: January 22, 2014