IN THE

TENTH COURT OF APPEALS

No. 10-16-00014-CV

IN THE MATTER OF THE MARRIAGE OF 

RANDY GENE DONATHAN 

AND 

MARGARET MARY DONATHAN 

AND 

IN THE INTEREST OF N.P.D., A CHILD

From the 378th District Court

Ellis County, Texas

Trial Court No. 89670D

ORDER

The Legislature has provided for the resolution of disputes through alternative 

dispute resolution (ADR) procedures. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.001-

154.073 (West 2005). The policy behind ADR is stated in the statute: “It is the policy of

this state to encourage the peaceable resolution of disputes . . . and the early settlement 

of pending litigation through voluntary settlement procedures.” Id. § 154.002 (West 

2005). Mediation is a form of ADR. Mediation is a mandatory but non-binding settlement 
In the Matter of the Marriage of Donathan and in the Interest of N.P.D., a Child Page 2

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 

2005); 10TH TEX. APP. (WACO) LOC. R. 9. Accordingly, we refer this appeal to mediation. 

Further, the Court assigns R.B. Pool as the mediator for this proceeding. His address 

and contact number is as follows:

408 West Nash 

Terrell, Texas 75160 

(972) 524-7585 

Mediation must occur within thirty days after the date of this order.

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 an employee, officer, agent, or 

representative 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. 
In the Matter of the Marriage of Donathan and in the Interest of N.P.D., a Child Page 3

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.

The appeal and all appellate deadlines, if any, 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 the mediator’s report will be deemed filed on 

the same day, but after, the mediator’s report is received.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Order issued and filed August 24, 2016