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### Order filed July 14, 2022

In The



## Fourteenth Court of Appeals

____________ 

### NO. 14

- 22

- 00403

- CV

____________ 

### ROBERT W. PITCHER , Appellant

V.

KOLA OLAKUNLE JOSEPH , Appellee

On Appeal from Co unty Civil C our t at Law No 3

Harris County, Texas Trial Co urt Cause No. 1165350

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 pe rso n, 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 Te x. 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 un der lying 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 fo r t he 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 representa tiv es 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 me diation 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 mediati on

.

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 reins tat ed 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 ti me. 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 Chief Justice Christopher and Justices Wise and Jewell

.

### 3 RULES FOR MEDIATION

i. Definition of Mediati on. Mediation is a process under which an impar tial 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 no t 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. Co nditions 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 cir cumstances 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. Au thority 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 meeting s with the parties and to offer suggestions to a ssist 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 obtainin g 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, al l parties commit to participate in the proceedin gs 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 i n 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 t o 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

conv enient location agreeable to the Mediator and th e 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 fo rm requested by the Mediator setting forth its p osition 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 understand the issu es presented. The Mediator may require any part y 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
par ties and with the consent of the Mediator.

xii. Confi dentiality. 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 rece ived by a mediator while serving in that capacit y 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 agre ement shall pay all fees and expenses of the Med iator 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 mediati on and shall not relay on, or introduce as evide nce 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 cou rse of the mediation proceedings; c) proposals m ade 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
pr ocess.

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 mediat ion 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 n ot a necessary or proper party in judicial
proce edings 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. Inter pretation and Application of Rules. The Mediato r 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 producin g 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 p arties 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 thi s 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 afte r mediation to: 14th Court of Appeals; 301 Fanni n, Room 245, Houston, Texas 77002 (713) 274

- 2800