Judge Wesley Ward of the 234th District in Houston heard arguments Dec. 14 on a proposed final judgment in Martin v. Andrews Kurth, but did not rule and said he intended to order both sides to mediation.
In a Dec. 16 letter to Ward, plaintiffs attorney Philip Werner, a partner in Werner Ayers in Houston, wrote that the parties agreed to mediation with Phillips after Alice Oliver-Parrott, former chief justice of the First Court of Appeals in Houston, who previously mediated the suit, could not be scheduled...
More than 90 percent of civil cases are settled without trial. By contrast, most civil appeals are briefed, argued and decided by the court. In complex cases when large amounts of money are at stake, settlements pending an appeal seem to be the exception: such appeals frequently go forward to decision without a serious attempt to settle.
There are reasons to consider a settlement discussion before putting the parties’ fate in the hands of an appellate panel. To begin with, the popular Court...
The Supreme Court of Kansas has begun a pilot program for appellate mediation in the state. The first appellate case the Court sent to mediation is a contentious school finance case that is said to implicate half the state’s budget. The state attorney general sought mediation after losing on the constitutionality of cuts to the state’s education budget, which may require additional expenditures of $500 million. Any agreement reached in mediation will have to be approved by the state legislature,...