John Huynh v. David A. Fettner, Court Appointed Receiver

Citation: Not availableDocket: 14-17-00759-CV

Court: Court of Appeals of Texas; October 24, 2017; Texas; State Appellate Court

Original Court Document: View Document

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An Abatement Order was filed on October 24, 2017, in the case of John Huynh v. David A. Fettner, Court Appointed Receiver, by The Fourteenth Court of Appeals, regarding trial court cause number 2017-28276 from the 55th District Court in Harris County, Texas. The court has deemed the case suitable for mediation as an alternative dispute resolution method, with confidentiality ensured for communications occurring during mediation. The appeal is abated for sixty days, during which the underlying dispute will be referred to mediation. All parties with full settlement authority must attend, along with their legal counsel. Within 48 hours of mediation's conclusion, parties must inform the court whether a settlement was reached. If the mediation resolves all issues, parties are required to file a motion to dismiss the appeal or another dispositive motion within ten days. The appellate timetable is suspended for the duration of the abatement. The appeal will be reinstated automatically after sixty days unless a motion for reinstatement or another dispositive motion is filed before that period ends. Mediation rules stipulate the mediator's role, party consent, and conditions for serving as a mediator, including the requirement for impartiality.

The Mediator's role is to facilitate voluntary dispute resolution without authority to make binding decisions. The Mediator can conduct joint and separate meetings and may suggest solutions, but any expert advice sought requires the parties' agreement and financial responsibility. All parties commit to participating in good faith, aiming for a settlement, while acknowledging that the Mediator cannot impose a resolution. Representative parties must have settlement authority and must disclose their names and addresses before mediation. The Mediator schedules sessions, which may occur at their office or another agreed location. Prior to the mediation, parties must submit confidential information outlining their positions and must be prepared to provide additional details as requested by the Mediator. Mediation sessions are private, with attendance restricted to parties and their representatives unless otherwise permitted. Confidentiality is paramount; the Mediator cannot disclose information or testify about the mediation in any judicial setting, and violations of confidentiality will result in costs for the offending party. No stenographic records of the mediation process will be kept, and no legal process may be served at or near the mediation site.

Mediation may be terminated under three conditions: (a) when the parties execute a settlement agreement; (b) when the Mediator declares further mediation efforts unproductive; or (c) after a full mediation session, if a party or parties provide a written declaration to terminate the proceedings. The Mediator is not liable for any actions taken during the mediation process and is not considered a necessary party in any related judicial proceedings. The Mediator has the authority to interpret and apply the mediation rules. Fees must be agreed upon in advance, with the Mediator's daily fee paid before each session. Expenses incurred during mediation, including witness fees and other related costs, are generally shared equally by the parties unless otherwise agreed. A report must be submitted to the Fourteenth Court of Appeals following mediation, detailing whether a resolution was achieved and outlining the payment agreement for the Mediator.