IN THE

TENTH COURT OF APPEALS

No. 10-17-00273-CV

ACE PROPERTY & CASUALTY INSURANCE CO.,

Appellant

v.

HOMER LADD,

Appellee

From the 414th District Court

McLennan County, Texas

Trial Court No. 2014-2948-5

AMENDED 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, 
Ace Prop. & Cas. Ins. Co. v. Ladd Page 2

conducted with the assistance of a mediator. Mediation is private, confidential, and

privileged.

We find that this appeal is appropriate for mediation. See id. § 154.021(a).

Further, having been advised that the mediator assigned pursuant to an Order 

of the Court issued on March 22, 2021, has a conflict of interest, the Court assigns the 

Honorable Jeff Rose as the mediator for this proceeding. His address and contact 

number are as follows:

Jeff Rose

Rose Resolution Group

3801 N. Capitol of Texas Hwy, Suite E-240, #441

Austin, TX 78746

(512) 750-7673

jeffrose.atx@gmail.com

Mediation must occur within 60 days from 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.

The mediator may make any orders determined to be necessary or appropriate 

to conduct the ordered mediation in such a way that the mediation has the best 
Ace Prop. & Cas. Ins. Co. v. Ladd Page 3

opportunity to reach a successful result. The mediator’s orders may include, but are 

not limited to, ordering the mediation to occur entirely via Zoom or some other media 

option, ordering the mediation to occur entirely in person at a place and time that the 

mediator determines is reasonable in light of the timing of the issues that need to be 

resolved, and/or assessing the cost of mediation other than equally if one of the parties 

seeks accommodations that the mediator determines are not of equal benefit to all the 

parties.

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.

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 taxedas costs. Unless the mediator agrees to mediate

without fee or other arrangements are negotiated or ordered by the mediator as 

authorized above, 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 
Ace Prop. & Cas. Ins. Co. v. Ladd Page 4

parties within ten days after the date of this Order, or it is waived.

We refer this appeal to mediation.

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 Court receives the mediator’s report. 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

Before Chief Justice Gray,

Justice Neill, and

Justice Johnson

Referred to mediation

Order issued and filed March 24, 2021

[RWR]