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 MEDIATION 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. 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, conducted 

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 the underlying case in this appeal, DCC2017-00365, are appropriate for mediation. See id. § 154.021(a); 10TH TEX. APP. (WACO)

LOC. R. 9. Accordingly, we refer both this appeal and the underlying case, DC-C2017-

00365, to mediation.1

Further, the Court assigns David Keltner as the mediator for this proceeding. His 

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 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.

 

1 We note that pursuant to Texas 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 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.

We refer this 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 CURIAM

 

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 appeal 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]