### IN THE TENTH COURT OF APPEALS
No. 10
- 14
- 00158
- CV
KAREN WEAVER AND STE PHEN WEAVER , Appellant s v. ERIC HRBACEK AND BRI DGET HRBACEK, INDIVIDUALLY AND AS REPRESENTATIVES AND SOLE HEIRS OF THE ESTATE OF LOUISE HRBACEK, DECE ASED , Appellee s

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 T EX

. C IV

. P RAC

. & R EM

. C ODE A NN

. §§ 154.001

- 154.073 ( West 20 11 & Supp. 2015 ). The policy behind ADR is stated in the statute: “It is the policy of this state to encourage the peacea ble 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 se ttlement 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); 10 TH
T EX

. A PP

. (W ACO ) L OC . R. 9. Accordingly, we refer t his appeal to mediation. T he Court assigns the Honorable Wanda Fowler (ph. 713

- 572

- 4321) as the mediator.
Mediation must occur within thir ty days after the date of this O rder. No less than seven calendar days before the first scheduled mediation ses sion, each party must provide the mediator and all other parties with an information sheet setting forth the party’s positions about the is sues that need to be resolved; the part ies

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 th e information required by this o rder. Named parties must be pre sent 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. Immediately after mediation, the mediator must adv ise 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 reas onable 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 o rd er must be filed with this Court and served upon all parties within t en days after the date of this o rder, 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 th e 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 G ray, Justice Davis , and Judge Oakes Evans 1 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 T EX

. G OV ’ T C ODE A NN

. § 74.003(a)

.