Wednesday, April 22, 2015

Agreed Order of Referral for Mediation with Mediator Fran Brochstein


CAUSE NO. _____________________

IN THE MATTER OF THE                              §    IN THE DISTRICT COURT
MARRIAGE OF                                              §                     
                                                                        §    OF HARRIS COUNTY, TEXAS
_______________________                          §   
and                                                                  §   
_______________________                          §    _______th JUDICIAL DISTRICT
              
AGREED ORDER OF REFERRAL FOR MEDIATION

            This case is appropriate for mediation in accordance with sections 6.602 and 153.0071 of the Texas Family Code. 

            FRAN BROCHSTEIN (Texas Bar Number is 03039900) is selected as the mediator in the above case, and all counsel and all pro se parties agree to contact the mediator to arrange the logistics of mediation. 

The mediator’s address is 8978 Kirby Drive, Houston, Texas 77054 and her phone number is 713-847-6000 and her fax number is 832-415-0139. Her email address is mediatorfran@gmail.com .

            This mediation is a mandatory settlement conference, conducted with the assistance of the mediator. A mediated settlement agreement can be made binding on the written agreement of the parties. Mediation is private, confidential and privileged, except as provided by applicable law. After mediation the Court will be advised by the mediator, the parties and counsel only that the case did or did not settle. The mediator shall not be a witness and the mediator’s records may not be subpoenaed or used as evidence. No subpoenas, citations, writs, or other process shall be served at or near the location of any mediation session on any person entering, leaving or attending any mediation session.

            The fee for the mediation is determined by the mediator and paid ____% by husband/father, and ____% by wife/mother, paid by the parties directly to the mediator in advance of the mediation by cash, cashier’s check, debit/credit card or attorney’s check.  No personal checks are accepted.

The mediator’s fee for 4 hours is $300 per party. If the mediation goes beyond 4 hours then the mediator charges each party an additional $75 per hour due at the time of the mediation. If more than one session is necessary, the parties will pay the all additional fees for the second session.

The mediator charges a $150 non-refundable scheduling fee (via credit/debit card, attorney check or money order delivered to her office) due before the mediation will be placed on her mediation calendar.  

Every participant is bound by the rules for family law mediation and each party agrees to timely complete and supply all information requested by the mediator 72 hours prior to the actual mediation.

            It is agreed that all parties, the Amicus Attorney (if any), and at least one attorney for each party represented by an attorney, shall be present during the entire mediation process. It is understood that no party may leave the mediation site without express consent of the mediator.

            All pro se Parties, attorneys and the Amicus Attorney (if any) are all to mediate this matter on ________________________________(or) before the trial date of  _____________________________.

            All parties, counsel and the Amicus Attorney (if any) agree to appear as directed by the mediator. Referral to mediation is not a substitute for trial.

            Signed on  ________________________________.



________________________________
 Petitioner or Petitioner's Attorney



________________________________
Respondent or Respondent's Attorney

_______________________________                      _______________________________

Petitioner/Petitioner’s Attorney                      Respondent/Respondent’s Attorney

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