IN THE

TENTH COURT OF APPEALS

No. 10-06-00039-CV

In re Bonnie R. Echols

Original Proceeding

          The Petition for Writ of Mandamus and Motion for Emergency Stay filed by Bonnie R. Echols were considered by the Court.  Tex. R. App. P. 52.

MEDIATION

The Legislature has provided for the resolution of disputes through alternative dispute resolution (ADR) procedures.  See Tex. Civ. Prac. & Rem. Code Ann. §§ 154.001-.073 (Vernon 2005).  The policy behind ADR is stated in the statute:

§ 154.002. Policy

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.

We believe that referral of this matter is appropriate for resolution by mediation, a mandatory but non-binding settlement conference, conducted with the assistance of the mediator.  Mediation is private, confidential, and privileged.   See id. §§ 154.021, 154.023(a); 10th Tex. App. (Waco) Loc. R. 9.

Hon. W. T. McDonald, Jr. (979-822-3759) is appointed as Mediator.  Unless the Mediator agrees to mediate without fee, the Mediator will negotiate a reasonable fee with the parties, and the parties shall each pay one-half of the fee directly to the Mediator.  The total fee will ultimately be taxed as costs by the Court.

The parties are directed to confer with the Mediator to establish a date for the Mediation, which shall take place in Brazos County, Texas.  In the event the parties cannot agree on a date for the mediation, the Mediator shall select and set a date and time, within 45 days after the date of this order.

At least three days before the first scheduled mediation session, each party shall provide the Mediator and all other parties with an information sheet setting forth the party=s positions about the issues in the case and 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, including Bonnie R. Echols, Earl George Carpenter, and Mexia Industrial Products, Inc., accompanied by their counsel if so represented, shall attend and be present during the entire mediation process.  Each corporate party must be represented by an executive officer or other representative with authority and discretion to negotiate a settlement.  Failure or refusal to attend the mediation as ordered may result in the imposition of sanctions, as permitted by law.

After mediation, the Mediator must advise the Court, in writing, when the process was completed, whether the parties and their representatives and counsel appeared as ordered, whether a settlement resulted, and the amount and terms of his fee agreement.  The Mediator shall send a copy of the report to each party.

If the event the mediation is unsuccessful in settlement of the litigation pending between  the parties, the Court requests that a response to the Petition for Writ of Mandamus be filed by any person whose interest would be affected by the relief sought in the petition.  Tex. R. App. P. 52.  Any response shall be filed with the Clerk no later than 5:00 p.m. on the fourteenth day after the Mediator files his report.

Any objection to this Mediation Order must be filed with this Court and served upon all parties within 10 days or it is waived.

STAY OF PROCEEDINGS

          Relator’s Motion for Emergency Stay is granted.  All underlying proceedings in the district court in Cause No. 27,347-A are stayed until this Court determines Relator’s petition for writ of mandamus or until further order of this Court.  See Tex. R. App. P. 52.10.

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

          (Chief Justice Gray dissenting)

Order issued and filed March 8, 2006

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