Mosaic ImmunoEngineering is a nanotechnology-based immunotherapy company developing therapeutics and vaccines to positively impact the lives of patients and their families.
Message: Follow the mediation trail
(1) DEFINITIONS (C) The mediation process does not allow for testimony fromwitnesses. The mediator does not review or rule uponquestions of fact or law, or render any final decision in thecase. Absent a settlement, the mediator will report only to thepresiding judge as to whether the case settled, was adjournedfor further mediation (by agreement of the parties), or that themediator declared an impasse. Does absent a settlement mean without a settlement? If so, how would the mediator report to the judge that the case settled? ETHICAL PRINCIPLES(e) SCHEDULING OF CONFERENCE. (2) CONTINUANCE. The mediator may, with the consent of allparties and counsel, reschedule the mediation conference to a datecertain not later than ten (10) days prior to the scheduled trial date.Any continuance beyond that time must be approved by the presidingJudgeIf the mediator rescheduled the mediation conference, then is it correct to assume that it never took place on Sept.25-27? Or could it mean they just need more time to continue where they left off on Sept. 27? (f) MEDIATION REPORT. Within five (5) days following the conclusionof the mediation conference, the mediator shall electronically file themediation report with the court using the CM/ECF filing system. The reportshall indicate whether all required parties were present, whether the casesettled, was continued with the consent of the parties, or whether themediator declared an impasse. If mediation concluded on Sept. 27, it seems to me that if there had been an impasse, a report would have to have been filed. Otherwise, the mediator would more than likely have asked for a continuance in which case docket control can be handled by a means other than the report, see below. Attachment 1 to Appendix H, Court-Annexed Mediation PlanETHICAL PRINCIPLES FOR MEDIATORSCOURT-ANNEXED MEDIATION PLANU.S. DISTRICT COURT, EASTERN DISTRICT OF TEXAS 7. A mediator should protect the integrity of both the trial and mediation processes by refraining from communicating with the assigned trial judge concerning the substance of negotiations or any other confidential information learned or obtained by virtue of the mediation process, unless all of the participants agree and jointly ask the mediator to communicate in a specified way with the assigned trial judge.Comment: This policy forbids mediators from speaking with the assigned trial judge about the substance of confidential negotiations and also prohibits the assigned trial judge from seeking such information from a mediator. Docket control should be facilitated by means of the mediator’s report (see section (f) of the Plan) of whether the case settled or not or through other periodic reporting that does not discuss parties’ positions or the merits of the case.
http://www.txed.uscourts.gov/Rules/LocalRules/Documents/apph.pdf
Loading...
Loading...
New Message
Please
login
to post a reply