IN THE

TENTH COURT OF APPEALS

No. 10-07-00277-CV

Alvin S. McFarland,

                                                                                    Appellant

 v.

Citibank (South Dakota), N.A.,

                                                                                    Appellee

From the County Court at Law No. 1

Johnson County, Texas

Trial Court No. C200500055

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.

The parties are ordered to confer and attempt to agree upon a mediator.  Within fourteen days after the date of this Order, Appellant is ordered to file a notice with the Clerk of this Court that either identifies the agreed-upon mediator or states that the parties are unable to agree upon a mediator.  If the notice states that the parties are unable to agree upon a mediator, this Court will assign a mediator.  The Mediator will negotiate a reasonable fee with the parties, and Appellants and Appellee shall each pay one-half of the fee directly to the Mediator.  The total fee will ultimately be taxed as costs by the Court.

Mediation must occur within thirty days after the date the above-referenced notice agreeing to a mediator is filed or, if no mediator is agreed upon, within thirty days after the date of the order assigning a mediator.

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 and their counsel shall attend and be present during the entire mediation process.  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 forthwith, in writing, when the process was completed, whether the parties and their 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.

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

PER CURIAM

Before Chief Justice Gray,

Justice Vance, and

Justice Reyna

Order issued and filed October 3, 2007

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