### IN THE TENTH COURT OF APPEALS No. 10
- 19
- 00137
- CV CITY OF DALLAS , Appellant v. KATRINA AHRENS, S.A. AND M.A. , Appellee

From the 18th District Court Johnson County, Texas Trial Court No. DC
- C2017
- 00365

REFERRAL TO MEDIATIO N ORDER
The Legislature has provided for the resolution of disputes through alternative dispute resolution (ADR) procedures. See T EX
. C IV
. P RAC
. & R EM
. C ODE A NN
. §§ 154.001

- 154.073. 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. Mediation is a form of ADR. Mediation is a mandatory but non

- binding settlement conference, c onducted with the assistance of a mediator. Mediation is private, confidential, and privileged.City of Dallas v. Ahrens, et. al Page 2

We find that , not only this appeal, but also th e underlying case in this appeal , DC

C2017

- 00365, are appropriate for mediation. See id. § 154.021(a); 10 TH T EX
. A PP
. (W ACO )
L OC . R. 9. Accordingly, w e refer both this appeal and th e underlying case , DC

- C2017

- 00365, to mediation. 1 Further, the Court assigns David Keltner as the mediator for this proceeding. H is
address and contact number are as follows:
David Keltner 201 Main St Ste 2500 Fort Worth, TX 76102 (817) 878

- 3560
Mediation must occur within 60 days after the date of this Order

. No less than seven calendar days before the first scheduled mediation session, each party must provide the mediato r 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 p resented. 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 a n employee, officer, agent , or representative with authority to bind the party to settlement.

1 We note that pursuant to Tex as Civil Practice and Remedies Code § 51.014(a)(12) and (b) that the trial and all other proceedings are stayed pending resolution of this appeal.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. 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 p ay 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.
We refer th is appeal and the underlying case , DC

- C2017

- 00365, to mediation. 2 The appeal and all appellate deadlines 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 CUR IAM

2 Nothing herein should be construed as an all or nothing requirement regarding the mediation. The mediator and parties should endeavor to resolve the entire proceeding, but a resolution of any issue in the appea l or the underlying proceeding is within the scope of this referral

.City of Dallas v. Ahrens, et. al Page 4

Before Chief Justice Gray, Justice Davis , and Justice Scoggins Order issued and filed January 22 , 2020 [RWR]