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Gary Branfman v. Warren v. Alkek
Citation: Not availableDocket: 13-18-00554-CV
Court: Court of Appeals of Texas; October 23, 2018; Texas; State Appellate Court
Original Court Document: View Document
The Court of Appeals for the Thirteenth District of Texas has ordered the case of Gary Branman v. Warren V. Alkek to mediation prior to briefing. Key terms of the mediation include: 1. **Mediator Selection**: The parties are required to mutually agree on a mediator within seven days and notify the Court. If an agreement cannot be reached, the Court will intervene. 2. **Scheduling Mediation**: Parties must confer with the chosen mediator within seven days to schedule the mediation, which must occur no later than six weeks from the order date. If a date cannot be agreed upon, the mediator will set one. 3. **Confidentiality and Documentation**: Parties may need to provide a confidential memorandum outlining case issues and positions to the mediator, who will keep these documents private and destroy them after mediation. 4. **Mandatory Attendance**: All parties, along with their legal representatives, must attend the mediation. 5. **Nature of Mediation**: The mediation is a mandatory, non-binding process and will be confidential as per Texas law. 6. **Recording and Fees**: The mediation will not be recorded unless agreed otherwise, and the mediator will negotiate a fee, typically shared equally by the parties. If there is a disagreement over the fee, the Court will determine a reasonable amount. 7. **Post-Mediation Certification**: The mediator must certify to the Court whether the parties participated as required, if the case settled, and if fees were paid. 8. **Follow-Up Actions**: Should mediation resolve the case, the parties must file a joint motion for dispositive relief within seven days. Extensions for filing may be requested if needed. The appeal is stayed until mediation is completed. The order was issued by Chief Justice Rogelio Valdez on October 23, 2018.