Order entered December 5, 2017

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-12-01394-CV

ENRIQUE N. PONTE, JR. M.D. AND PEDIATRIX MEDICAL SERVICES, INC.,

Appellants

V.

MARCELA AND JOSE BUSTAMANTE, Appellees

On Appeal from the 101st Judicial District Court

Dallas County, Texas

Trial Court Cause No. 08-08056

ORDER

Before Justices Stoddart, Whitehill, and Schenck

The Court finds that this case is at this time appropriate for mediation pursuant to the 

Texas Civil Practice and Remedies Code and the accompanying Rules for Mediation. Unless 

objected to by both parties, the parties are ORDERED to select a mediator by mutual agreement 

and complete the mediation within 60 days of this Order’s entry. The mediation will occur at a 

time and place agreed to by the parties and mediator. The mediator shall notify the Court about 

the outcome of the mediation within ten days after the first mediation session concludes. Any 

objection to this Order must be filed and served upon all parties within fifteen days from this 

Order’s entry.
/

s

/

/Bill Whitehill/

BILL WHITEHILL

JUSTICE
RULES FOR MEDIATION

1. Definition of Mediation. Mediation is a process under which an impartial person, the 

mediator, facilitates communication between the parties to promote reconciliation, 

settlement or understanding among them. The mediator may suggest ways of resolving 

the dispute, but may not impose the mediator’s own judgment on the issues for that of the 

parties.

2. Conditions Precedent Serving as Mediator. The mediator shall not serve as a mediator 

in any dispute in which he or she has any financial or personal interest in the result of the 

mediation. Prior to accepting an appointment, the mediator shall disclose any 

circumstance likely to create a presumption of bias or prevent a prompt meeting with 

parties.

3. Authority of 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 with the parties 

and to offer suggestions to assist 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 obtaining such advice. 

Arrangements for obtaining such advice shall be made by the mediator or the parties, as 

the mediator shall determine.

4. Parties Responsible for Negotiating Their Own Settlement. The parties understand 

the mediator will not and cannot impose a settlement in their case. 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.

5. 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 the mediator.

6. 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.

7. Privacy. Mediation sessions are private. The parties and their representatives may 

attend mediation sessions. Other persons may attend only with the permission of the 

parties and with the consent of the mediator.

8. Confidentiality and Privilege. 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 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 order shall pay all reasonable fees and 

expenses of the mediator and other parties, including reasonable attorney’s fees, incurred 

in opposing the efforts to compel testimony or records from the mediator.

9. No Stenographic Record. There shall be no stenographic record of the mediation 

process and no person shall tape record any portion of the mediation session.

10. 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 mediation session upon any person entering, attending or leaving 

the session.

11. Termination of Mediation. The mediation shall be terminated: A) By the execution of 

a settlement agreement by the parties; B) By declaration of 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.

12. Interpretation and Application of Rules. The mediator shall interpret and apply these 

rules.

13. Fees and Expenses. The mediator’s daily fee, if agreed upon prior to mediation, shall be 

paid in advance of each mediation day. The expenses of witnesses for either side shall be 

paid by the party producing 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 parties unless they agree otherwise.