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Chapter 18

Form 18-3

Include the following notice if a minor is named in the caption or if the motion 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.]

Motion for Mediation

This Motion for Mediation is brought in accordance with chapters 152 and 154 of the Texas Civil Practice and Remedies Code [include if applicable: and [section 6.602/section 153.0071/sections 6.602 and 153.0071] of the Texas Family Code] by [name of movant], [Petitioner/Respondent]. In support, [name of movant] shows:

There is a reasonable expectation that the disputes in this case may be resolved by the use of the alternative dispute resolution procedure of mediation, and [name of movant] there­fore requests the Court to refer this dispute for resolution by mediation.

[Name of movant] requests that the Court refer this matter to a mediator who is qualified for family law mediation as provided by section 154.052 of the Texas Civil Practice and Rem­edies Code. [Name of movant] requests that the costs of mediation be divided as the Court deems appropriate, paid in advance directly to the mediator, and taxed as costs.

It was necessary for [name of movant] to secure the services of [name], a licensed attor­ney, to bring this motion. [Petitioner/Respondent] should be ordered to pay reasonable attor­ney’s fees, expenses, and costs for the costs associated with bringing this motion, and a judgment should be rendered in favor of this attorney and against [Petitioner/Respondent] and be ordered paid directly to Movant’s attorney, who may enforce the judgment in the attorney’s own name. [Name of movant] requests postjudgment interest as allowed by law.

[Name of movant] prays that the Court grant this Motion for Mediation and render an order of referral to mediation. [Name of movant] prays for attorney’s fees, expenses, costs, and interest, and for all further relief authorized by law.

   
[Name]
Attorney for [name of movant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]

Include certificate of conference if required by local rules.

Notice of Hearing

The above motion is set for hearing on __________________ at ____________ __.m. in [designation and location of court].

SIGNED on ________________________________.

   
Judge or Clerk

Certificate of Service

I certify that a true copy of this [document/[title of document]] was served in accor­dance with rule 21a of the Texas Rules of Civil Procedure on the following on [date]:

[Name of attorney of record or party to be served] by [electronic filing manager/e-mail at [e-mail address]/fax at [fax number]/personal delivery at [address]/commercial delivery service at [address]/certified mail at [address]/first-class mail at [address]]. [Repeat for each attorney of record or party to be served.]

   
[Name]
Attorney for [name of movant]