601. Mediation is encouraged in all matters.
602. The standard Mediation Order is as follows:
It is ORDERED that Cause No. ___________________; styled ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________; In the 155th District Court of ____________________ County, Texas, be and hereby is referred to mediation; it is
FURTHER ORDERED that the parties to the above described cause shall confer and, within 90 days of the filing of the pleading commencing the above described cause, may submit an Agreed Order nominating a Mediator in the above described cause who is qualified pursuant to Tex. Civ. Prac. & Rem. Code Ann. Sec. 152.003 or Sec. 154.052 and the date upon which the parties and the Mediator have agreed to conduct the mediation. In the event the parties submit said Agreed Order within 90 days of the filing of the pleading commencing this cause, the Clerk of the Court is directed to present said Agreed Order immediately to the Court for consideration and, in the event the Court signs said Agreed Order the Clerk of the Court is directed to substitute the name of the Mediator appearing therein for the name of the Mediator appearing in the following paragraph in this Order, and to transmit this revised Order to the parties and to said Mediator forthwith.
In the event the parties fail to submit an Agreed Order nominating said Mediator, or the Court refuses or fails to sign said Agreed Order, it is ORDERED that _____________________________________________________________________________________________________________________________________________ is appointed Mediator in this matter; it is
FURTHER ORDERED that all parties are directed to confer with the Mediator to establish a date for the mediation. The parties and the Mediator shall attempt to agree on a date for the mediation to be held within 120 days of the date of the filing of the pleading commencing the above described cause. In the event the parties cannot agree on a date, the Mediator shall select and set a date for the mediation to occur not later than 150 days of the date of the filing of the pleading commencing the above described cause; it is
FURTHER ORDERED that not less than three (3) days prior to the scheduled mediation the parties shall serve upon the Mediator a Memorandum as specified by the Mediator. The Memorandum shall not be made part of the Court's file in this case; it is
FURTHER ORDERED that all parties to the matter accompanied by their counsel if so represented, shall appear and attend the mediation and that each organization or agency party shall be represented by an officer or representative with authority and discretion to execute on behalf of the Party a binding written agreement necessary to resolve the issues in dispute and fulfill the objectives of the agreement. No subpoenas, citations, writs or other process shall be served at or near the location of the mediation upon any person entering, leaving or attending the mediation; it is
FURTHER ORDERED that, upon completion of the mediation, the Mediator is directed to advise this Court when the process was completed, whether the parties and their counsel appeared as ordered, and whether a settlement resulted. As provided by Tex. Civ. Prac. & Rem. Code Ann. Sec. 154.053 and Sec. 154.073, all matters, including the conduct and demeanor of the parties and their counsel during the mediation process, are to remain confidential and will not be disclosed to anyone, including this Court. Except as may be permitted by Tex. Civ. Prac. & Rem. Code Ann. Sec. 154.073, neither the Mediator nor the Mediator's files shall be subject to a subpoena or to a request for production filed by any person; it is
FURTHER ORDERED that, unless otherwise ordered by the Court, or the parties agree otherwise in writing, the Mediator's fees shall be borne equally by the parties, shall be paid by the parties directly to the Mediator and may, upon hearing, be taxed as costs of court.
FURTHER ORDERED that the District Clerk of the 155th Judicial District shall be caused to be transmitted to the attorney or the pro se party who filed the pleading commencing the above described cause a signed copy of this Standing Order; it is
FURTHER ORDERED that the attorney or pro se party who filed the pleading commencing the above described cause is ORDERED to forward a signed copy of this Standing Order to each attorney or pro se party who enters an appearance in the above described cause within five (5) days of his or her receipt of notice of said appearance; it is
FURTHER ORDERED that the Order Adopting Local Rules for Alternative Dispute Resolution signed by this Court on May 15, 1991 and the Local Rules for Alternative Dispute Resolution adopted pursuant to said Order are hereby withdrawn.
MEDIATION IS AN ALTERNATIVE TO AND NOT A SUBSTITUTE FOR TRIAL. THIS MATTER WILL BE TRIED IF NOT SETTLED.
SIGNED this ___ day of ________ 19 __.
DAN R. BECK, PRESIDING JUDGE
155th Judicial District Court
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