IN THE

TENTH COURT OF APPEALS

No. 10-14-00158-CV

KAREN WEAVER AND STEPHEN WEAVER,

Appellants

v.

ERIC HRBACEK AND BRIDGET HRBACEK, 

INDIVIDUALLY AND AS REPRESENTATIVES 

AND SOLE HEIRS OF THE ESTATE OF

LOUISE HRBACEK, DECEASED,

Appellees

From the County Court at Law

Ellis County, Texas

Trial Court No. 11-C-3336

A M E N D E D O R D E R O F R E F E R R A L T O M E D I A T I O N

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 (West 2011 & Supp. 2015). 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. 
Weaver v. Hrbacek Page 2

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.

We find that this appeal is appropriate for mediation. See id. § 154.021(a); 10TH 

TEX. APP. (WACO) LOC. R. 9. Accordingly, we refer this appeal to mediation. The Court 

assigns the Honorable Wanda Fowler (ph. 713-572-4321) as the mediator. 

Mediation must occur within thirty 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; the parties

must also provide the mediator with their respective briefs in this appeal. 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.

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 fee 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 the agreed-upon fee directly to the mediator.
Weaver v. Hrbacek Page 3

Failure or refusal to attend the 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. 

The appeal and all appellate deadlines are suspended as of the date of this order. 

The suspension is automatically lifted when the Court receives the mediator’s report. If 

the case 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 before the receipt 

of the mediator’s report will be deemed filed on the same day, but after the mediator’s 

report is received.

Our order dated July 27, 2016 is set aside.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Judge Oakes Evans1

Order issued and filed September 14, 2016

Do not publish

 

1 The Honorable Deborah Oakes Evans, Judge of the 87th District Court, sitting by assignment of the Chief 

Justice of the Supreme Court of Texas under section 74.003(a) of the Government Code. See TEX. GOV’T 

CODE ANN. § 74.003(a).