Order issued December 18, 2015

In The

Court of Appeals 

For The

First District of Texas 

NO. 01-15-01044-CV

DON PROCHASKA, Appellant

V.

JOHNATHAN FELDMAN, Appellee

On Appeal from 334th District Court

Harris County, Texas

Trial Court Cause No. 2013-35800

MEMORANDUM ORDER

OF REFERRAL TO MEDIATION

The Court determines that it is appropriate to refer this appeal for resolution 

by mediation. See TEX. CIV. PRAC. & REM. CODE ANN. §§ 154.021, 154.022(a), 

154.023 (Vernon 2005). Accordingly, the Court orders that this appeal be referred 
to mediation unless any party to the appeal files an objection with the Clerk of this 

Court within ten days after receiving this order. 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) (Vernon 2005). When 

the parties notify the Clerk of this Court of the name of the mediator, that person 

shall be deemed appointed by the Court. See id. § 154.051 (Vernon 2005). The 

parties should provide the mediator with a completed “Notification to Mediator” 

and the “Appointment and Fee Report—Mediation” form. These documents can 

be downloaded from the forms page of the Court’s website at 

http://www.1stcoa.courts.state.tx.us.

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.1stcoa.courts.state.tx.us.

• No later than 45 days from the date that this order is issued, the 

parties shall conduct the mediation.

 

 

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.
• 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, 

and the mediator shall file with the Clerk of this Court a completed 

“Appointment and Fee Report—Mediation” form. This document can 

be downloaded from the forms page of the Court’s website at 

http://www.1stcoa.courts.state.tx.us.

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 

parties to enter into a settlement agreement. See id. § 154.053(a) (Vernon 2005). 

All communications relating to the mediation are confidential and not subject to 

disclosure, except as set forth by law. See id. § 154.073 (Vernon 2005). The Clerk 

of this Court, however, will file this order, any objection to this order, and the 

completed “Parties’ Notification to Court of Mediator” and “Appointment and Fee 

Report—Mediation” forms 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 communications 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 disclosed 

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.

Nothing in this order modifies the timetables in the Texas Rules of Appellate 

Procedure regarding the appellate record and briefs.

/s/ Russell Lloyd

Justice Russell Lloyd

Acting Individually