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### M otion G RANTED; Abatement Order filed February 2, 2023

In The 

## Fourteenth Court of Appeals

____________ 

### NO. 14

- 23

- 00006

- CV

____________ 

### LOCUMTENES.COM, LLC D/B/A LT MEDICAL, LLC , Appellant

V.

DR. HANI HANNA , Appellee

On Appeal from the Co unty Civ il C our t at Law No

. 3

Harris Count y, Texas Trial Court Cause No. 1107602



### ABATEMENT ORDER

This is an interlocutory appeal from an order denying appellant ’ s motion to compel arbitration signed December 15 , 2022

. See Tex. Civ. Prac. & Rem. Code
§ 171.098 (a)( 1) . On January 1 9 , 202 3

, appellant filed a motion to stay tri al court proceedings pending res olution of this appeal. See Tex. R. App. P. 29.3

Because we have determined tha t case is appropriate for referral to

mediation

, w e GRANT appellant ’ s motion and ORD ER the trial STAYED until a final disposition by this court on the interlocutory appeal

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

and refers the underlying dispute to mediation. Any party may file a written objection to this or der with the clerk of this court within 10 days of the date of this

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### 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 t his 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 represen tatives with full settlement authority shall attend the mediation process, with th eir 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 t o 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 media tion

.

The court ORDERS the appellate timetable in this case suspended for 60 day s 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 rei nstated on

this court ’ s active docket after sixty days. Any party may file a moti on 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 a ny time. Any party may file a motion to extend the abatement period for completio n of mediation or to finalize a settlement.

PER CURIAM

P anel Consists of Justices Jewell, Bourliot, and Poissant.

### 3 RULES FOR MEDIATION

i. Defini tion of Mediation. Mediation is a process under which an impartial person, the mediator, facilitates communic ation between the parties to promote reconciliation, settlement or understanding among them. The mediator may suggest ways of resolving the dispu tes, but may not impose his own judgment on the issues for that of the parties.

ii. Agreement of Parties. Wheneve r 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 appointme nt 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 assi st 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 t o accepting an appointment, the Mediator shall disclose any circumstances likely to create a presumption of bi as or prevent a prompt meeting with the parties. In the event that the parties disagree as to whether the Mediator shall serve, the Mediator shal l 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 s eparate meetings with the parties and to offer suggestions to assist the parties achieve settlement. If neces sary, the Mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expen ses of obtaining such advice. Arrangements for obtaining such advice shall be made by the Mediator or the par ties, 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 o f 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 the m. The Mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. The Mediator does not warra nt or represent that settlement will result from the mediation
process.

viii. Authority of Representatives. PARTY R EPRESENTATIVES MUST HAVE AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION TO SETTLE SHALL BE PRESENT. The names and addresses of suc h persons shall be communicated in writing to all parties and to the Mediator prior to the mediation.

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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. Ide ntification of Matters in Dispute. Prior to the first scheduled mediation session, each party shall provide the Mediator with confidential inform ation in the form requested by the Mediator setting forth its position with regard to the issues that need to be resolved.

A t or before the first session, the parties will be expected to produce all information reasonably required for the Mediator to unde rstand the issues presented. The Mediator may require any party to supplement such information.

xi. Privacy. Me diation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permis sion 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 no t be compelled to divulge such records or to testify in regard to the mediation in any adversary proceeding or judicial forum. Any party that vio lates this agreement shall pay all fees and expenses of the Mediator and other parties, including reasonable a ttorney'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 proceed ing: a) views expressed or suggestions made by another party with respect to a possible settlement of the dispute; b) admissions made by another p arty in the course of the mediation proceedings; c) proposals made or views expressed by the Mediator; or d) t he 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 Sit e of the Mediation Session. No subpoenas, summons, complaints, citations, writs or other process may be served upon any person at or near the sit e of any mediation session upon any person entering, attending or leaving the session.

xv. Termination of Mediatio n. The mediation shall be terminated: a) by the execution of a settlement agreement by the parties; b) by declaration of the Mediator to the effe ct that further efforts at mediation are no longer worthwhile; or c) after the completion of one full mediatio n session, by a written declaration of a party or parties to the effect that the mediation proceedings are terminated.

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xvi. Exclusion of Liability. Th e Mediator is not a necessary or proper party in judicial proceedings relating to the mediation. Neither Medi ator nor any law firm employing Mediator shall be liable to any party for any act or omission in connection with any mediation conducted under the se rules.

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

xviii. Fees a nd 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 o f witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the

me diation, 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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### Fourteent h 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 [ ful l / 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 i mmediately after mediation to: 14th Court of Appeals; 301 Fannin, Room 245, Houston, Texas 77002 (713) 274

- 2800