Before preparing this order, determine whether the court requires the use of a special form. See form 18-9 if there has been an objection to the referral because of family violence.
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Include the following notice if a minor is named in the caption or if the order contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Order of Referral to Mediation
This case is referred to mediation in accordance with [[section 6.602/section 153.0071/sections 6.602 and 153.0071] of the Texas Family Code/section 154.021 of the Texas Civil Practice and Remedies Code]. [Name] is appointed mediator in this case, and all counsel are ordered to contact the mediator to arrange the logistics of mediation within three business days. The mediator’s address and telephone number are [specify].
This mediation is a mandatory settlement conference, conducted with the assistance of the mediator. A mediated settlement agreement can be made binding on the written agreement of the parties. Mediation is private, confidential, and privileged, except as provided by applicable law. After mediation, the Court will be advised by the mediator, the parties, and counsel only that the case did or did not settle. The mediator shall not be a witness, and the mediator’s records may not 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 on any person entering, leaving, or attending any mediation session.
The mediator will negotiate a reasonable fee with the parties, which shall be divided and borne equally by the parties unless agreed otherwise, paid in advance by the parties directly to the mediator, and taxed as costs. If the parties do not agree on the fee requested by the mediator, the mediator is ORDERED to supply the Court with all information requested for compliance with Texas Supreme Court Miscellaneous Docket Order No. 94-9014, and the Court will set a reasonable fee, which shall be taxed as costs. Each party and counsel will be bound by any rules for family law mediation furnished by the mediator and shall complete and supply all information requested by the mediator.
IT IS ORDERED that all named parties shall be present during the entire mediation process [include if applicable: and that each corporate party must be represented by an executive officer with authority to negotiate a settlement]. Counsel and parties are ORDERED to proceed in a good-faith effort to try to resolve this case and shall agree on a mediation date within the next [number] days. If no agreed date can be scheduled within the next [number] days, the mediator shall select a date for the mediation and all parties are ORDERED to appear as directed by the mediator. Any date so scheduled by the mediator is incorporated in this Order as the date on which the mediation shall occur. In any event, the mediation shall be conducted no later than [date].
Referral to mediation is not a substitute for trial, and the case will be tried if not settled.
SIGNED on ________________________________.
JUDGE PRESIDING