33rd / 424th District Courts

Effective immediately mediator fees do not need to be paid via the District Clerk's office. The mediator is to be paid directly and the mediator will be solely responsible for the fiscal matters with the attorneys and parties.

There appears to be a consensus that the discovery stay during the mediation period (the period between the issuance of the order for mediation and the mediation date) should be deleted.

If anyone wants to weigh in pro or con, vote in the POLL (left column, near bottom) and add a comment there if you wish to further amplify your thoughts on the matter.

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?

Where a motion to enforce a mediation agreement was filed and the agreement clearly lacked material terms, the case was returned to mediation rather than being enforced. The Court had not been asked to rule on the missing elements. No. 21,605 (Burnet)