33rd / 424th District Courts

The intent of a referral to mediation ... absent a motion to alter this result ... is to stay everything else happening in the case until mediation can be held. This is because the general theory is that for most cases a significant cost savings and greater likelihood of settlement can be realized by getting into mediation without work and focus on the litigation processes.

Fact situation: Party 1 files a Motion for Summary Judgment. Thereafter the case in referred to mediation. The mediation order issues prior to the setting date on the MSJ. Should the due date for a response to the MSJ be pushed back?
Answer: Yes. Local rules don't speak to this but the Court would be inclined to grant a motion to continue the response date and setting to a date falling after the mediation. This would be subject, of course, to any counter-motion urging the necessity to go ahead and get a ruling on the MSJ but those two activities will typically be mutually exclusive.