Narrative Opinion Summary
In the case of Yigal Bosch v. Frost National Bank, the Court of Appeals for the First District of Texas issued an order on March 20, 2013, mandating mediation as a tool to resolve the ongoing appeal. This decision adheres to the provisions of the Texas Civil Practice and Remedies Code, specifically sections 154.021, 154.022(a), and 154.023. The court established a framework for the mediation process, requiring the parties to jointly select a qualified mediator and agree on a fee, which will be included as part of the appeal costs unless otherwise arranged. Parties must notify the court of their selected mediator within 15 days and conduct mediation within 45 days from the order. The court emphasized the confidentiality of communications during mediation, with exceptions for specific legal scenarios. All parties and their legal representatives must attend the mediation with full authority to settle. The mediator, though facilitating settlement, lacks the power to enforce an agreement. The reporting of mediation outcomes to the court is mandated within two days post-mediation, along with the submission of relevant forms. The order does not affect the appellate record and briefing schedules as defined by the Texas Rules of Appellate Procedure.
Legal Issues Addressed
Confidentiality in Mediationsubscribe to see similar legal issues
Application: Communications during the mediation process are confidential except for specific legal exceptions, binding both parties and the mediator.
Reasoning: Communications during mediation are confidential, with specific legal exceptions. The mediator is also bound to confidentiality and may not disclose any confidential information shared during the process.
Costs of Mediationsubscribe to see similar legal issues
Application: The agreed mediator's fee is considered reasonable and is included in the appeal costs unless parties agree otherwise.
Reasoning: The agreed mediator's fee will be considered reasonable and taxed as part of the appeal costs unless an alternative payment method is agreed upon.
Mediation in Appealssubscribe to see similar legal issues
Application: The court determined that mediation is suitable for resolving the appeal under specific Texas statutes, and parties have deadlines to select a mediator.
Reasoning: The Court has determined that mediation is appropriate for resolving the appeal, pursuant to TEX. CIV. PRAC. REM. CODE ANN. sections 154.021, 154.022(a), and 154.023.
Mediation Procedure and Reportingsubscribe to see similar legal issues
Application: The order outlines procedural requirements for mediation, including deadlines for notifying the court, conducting mediation, and reporting outcomes.
Reasoning: Deadlines set by the Court include: Filing the 'Parties’ Notification to Court of Mediator' within 15 days of the order. Conducting mediation within 45 days of the order. Reporting to the Clerk within two days after mediation whether the dispute was settled and submitting the 'Appointment and Fee Report—Mediation.'
Selection and Appointment of Mediatorsubscribe to see similar legal issues
Application: Parties are required to choose a qualified mediator and notify the court, which will then appoint the mediator.
Reasoning: The parties are required to select a qualified mediator and agree on a reasonable fee. Upon notification of the mediator's name to the Clerk of the Court, that mediator will be appointed.