Order issued December 12, 2017



## Court of Appeals For The 

## First District of Texas

NO. 01

- 17

- 00551

- CV

JACOBS FIELD SERVICE S NORTH AMERICA, INC ., JACOBS ENGINEERING GROUP, I NC., AND JACOBS ENGI NEERING, INC. , Appellants

V.

TROY WILLEFORD , A ppellee

On Appeal from 127th District Court Harris County, Texas Trial Court Cause No. 2015

- 65988



### MEMORANDUM ORDER OF REFERRAL TO MEDIATION

The Court determines that it is appropriate to refer this appeal for resolution
by mediation. See T EX

. C IV

. P R AC

. & R EM

. C ODE A NN

. §§ 154.021, 154.022(a),
154.023 (West 2011). Accordingly, the Court orders that this appeal be referred tomediation unless any party to the appeal files an objection with the Clerk of this

Court within ten days after receiving this o rder. 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 2005 & Supp.

2017).
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.txcourts.gov/1stcoa

.

• The parties shall conduct the mediation no later than January 23, 2018

• 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.
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

11 The Court does not recommend mediators. Mediation information is available from the Dispute Resolution Center of Harris County ((713) 755

- 8274) and http://www.co.harris.tx.us/DRC ), the Fort Bend Dispute Resolution Center ((281) 342

- 5000), 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.parties to enter into a settlement agreement. See id. § 154.053(a) (West 2011). All

communications relating to the mediation are confidential and not subject to
disclosure, except as set forth by law. See id. § 154.073 (West 2011). The Clerk
of this Court, however, will file this order, any objection to this order, and the
completed “Parties’ Notification to Court of Mediator” 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 communication s 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 d isclosed
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.

/s/ Russell Lloyd Justice Russell Lloyd Acting Individually