IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

 

LADARION HUGHES ET AL §

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v. § CASE NO. 6:23-CV-00344-JDK

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SMITH COUNTY, TEXAS §

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 MEDIATION CONFERENCE ORDER

This case has been referred for a mediation conference before United States Magistrate Judge

K. Nicole Mitchell. Mediation has been set for Wednesday, February 7, 2024 at 9:30 a.m. at the

U.S. District Court, 211 W. Ferguson, Room 301, Tyler, Texas. Counsel are advised this is an in

person mediation.

SETTLEMENT CONFERENCE PREPARATION

A. FORMAT.

1. MEDIATION MEMO. Not later than seven (7) days prior to the conference each

side shall provide a brief confidential report to chambers outlining the facts of the case and, if

desired, their respective legal position, as well as an outline of the settlement negotiations to date.

2. ATTENDANCE OF PARTIES REQUIRED. Parties with ultimate settlement

authority must be personally present. An insured party shall appear by a representative of the

insurer who is authorized to negotiate, discuss, and settle the case. An uninsured corporate party

shall appear by a representative authorized to negotiate, discuss and settle the case. Having a client

with authority available by telephone is not an acceptable alternative, except under the most

extenuating circumstances. Because the Court generally sets aside at least two hours for each
conference, it is impossible for a party who is not present to appreciate the process and the reasons

which may justify a change in one’s perspective towards settlement.

3. MEDIATION FORMAT. The Court will generally start with a joint discussion with

presentation, if desired, by each side. The Court will then privately caucus with each side as needed

to resolve the dispute. The Court expects both the lawyers and the party representatives to be fully

prepared to participate. The Court encourages all parties to keep an open mind in order to reassess

their previous positions and to find creative means for resolving the dispute.

4. STATEMENTS INADMISSIBLE. Statements made by any party during the

mediation conference will not be admissible at trial. Parties are encouraged to be frank and open

in their discussions. The Court expects the parties to address each other with courtesy and respect. 

Everything said to the Court will be confidential and not revealed to the other side unless the Court

receives authorization to do so. 

B. ISSUES TO BE DISCUSSED AT MEDIATION CONFERENCE

Parties should be prepared to discuss the following at the mediation conference:

1. What are your objectives in this litigation?

2. What issues (in and outside of this lawsuit) need to be resolved? What are the

strengths and weaknesses of your case?

3. Do you understand the opposing side’s view of the case? What is wrong with their

perception? What is right with their perception?

4. What are the points of agreement and disagreement between the parties? Factual? 

Legal?

5. What are the impediments to settlement?

6. What remedies are available through litigation or otherwise?

7. Are there possibilities for a creative resolution of the dispute?

8. Do you have adequate information to discuss settlement? If not, how will you obtain
sufficient information to make a meaningful settlement discussion possible?

9. Are there outstanding liens? Do we need to include a representative of the

lienholder?

C. INVOLVEMENT OF CLIENTS

For many clients, this will be the first time they have participated in a court supervised

 mediation conference. Therefore, counsel shall provide a copy of this Standing Order to the client

and shall discuss the points contained herein with the client prior to the mediation conference.

So ORDERED and SIGNED this 27th day of November, 2023.