Loading…
The Dallas County Standard Mediation Order (the ADR program's standing form under Tex. Civ. Prac. & Rem. Code § 154.001 et seq., captured from the county's ADR page) — the instrument the civil courts' uniform scheduling orders incorporate as "the Standing Dallas County Civil District Court Order Regarding Mediation": mediator appointment and contact deadlines, the objection window, confidentiality and process-service protections, fee allocation, mandatory attendance with settlement authority, scheduling mechanics, and the sanctions backstop.
Texas > Dallas County > the Civil District Courts (incorporated by the uniform scheduling orders' mediation clauses)
APPOINTMENT: the named mediator is appointed and "all counsel are directed to contact the mediator to arrange the logistics of mediation within 7 days from the date of this Order. Any objection to this Order must be filed and served upon all parties and the mediator, and a hearing must be requested, within 10 days from the date of receipt … an objection that is neither timely filed nor ruled upon before the scheduled mediation may be waived." NATURE AND CONFIDENTIALITY: "Mediation is a mandatory but non-binding settlement conference … private, confidential and privileged from process and discovery. After mediation, the court will be advised by the mediator, parties and counsel, only that the case did or did not settle. The mediator shall not be a witness nor may the mediator's records be subpoenaed or used as evidence. No subpoenas, citations, writs, or other process shall be served at or near the location of any mediation session, upon any person entering, leaving or attending." FEES: the mediator's reasonable fee is "divided and borne equally by the parties unless agreed otherwise, paid … directly to the mediator, and taxed as costs"; on disagreement the court sets the fee. ATTENDANCE: "Named parties shall be present during the entire mediation process and each corporate party must be represented by an executive officer with authority to negotiate a settlement." SCHEDULING: counsel, parties, and mediator agree on a date "within 20 days from the date of this order," failing which the mediator selects it and "all parties shall appear as directed." SANCTIONS: "Failure or refusal to attend the mediation as scheduled may result in the imposition of sanctions … which may include dismissal or default judgment. Failure to mediate will not be considered cause for continuance of the trial date. Referral to mediation is neither a substitute for nor a cause for delay of trial, and the case will be tried if not settled." The mediator reports the outcome to the court and the ADR Coordinator immediately after the session.
Reviewer note: Own-site standing form order composed verbatim from custody bytes; this is the instrument the 160th's registered Level 1/2 Uniform Scheduling Order (reg. doc 847) incorporates by reference — the banked lead is now closed.
1 verbatim mandatory provision from 13-16-s.
2 verbatim mandatory provisions from 15-41-s.
43 verbatim mandatory provisions from 07-33-s.