Mediation is a process by which parties are allowed to fully explore a resolution of their dispute. Litigation results in a final resolution imposed by the fact finder. Mediation affords the parties an opportunity to create solutions that are simply not available to the Court. The broad latitude of settlements available that can be tailored for each individual party and dispute makes mediation an attractive alternative to litigation.
Mediation Services Offered
1. Full-Day or Half-Day Sessions
2. Pre-Suit Mediation
3. Discovery Dispute Mediation
4. Temporary Orders Mediation
Full-Day or Half-Day Sessions Full-Day Fee $600.00 per party Half-Day Fee $350.00 per party
Full-day mediation lasts up to eight hours from 9:00 a.m. until 5:00 p.m. with a working lunch hour with lunch provided. Half-day mediation lasts up to four hours from 9:00 a.m. until 1:00 p.m. or 1:00 p.m. to 5:00 p.m. (No lunch is provided). Each hour in excess of the eight hours for full-day or four hours for half-day is billed at $200.00 per hour divided equally by the parties. For cases where progress is made but the dispute is not resolved at the session, there is no charge for the first hour of post-session follow up calls and correspondence. The fee covers cost of the full-day session, pre-mediation submission and review, lunch, and use of conference room facilities.
Fee $300.00 per party
Pre-suit mediation is scheduled for three hours from 9:00 a.m. to Noon or 1:00 p.m. to 4:00 p.m. If progress is being made a second three hour session may be scheduled at the same rate.
Discovery Dispute Mediation Fee $200.00 per hour divided equally between parties
Discovery disputes are rarely welcomed by most judges and if a resolution cannot be made in a complicated discovery matter, being able to represent to the Court that the parties have attempted mediation on the issues should put all parties in a better light in Court. However, these same discovery disputes are often capable of resolution by way of mediation. Sessions will be scheduled by agreement for a set number of hours.
Temporary Orders Mediation Fee $250.00 divided equally between parties
Appearing with multiple witnesses for a temporary orders hearing may be avoided if the parties engaged in a one-hour mediation session. Additional time may occasionally be needed and would be charged at $100.00 per half-hour to be split by the parties. If time does not allow before the temporary orders hearing setting, the parties could agree to an extension by a Rule 11 agreement to allow mediation before hearing preparation must begin.
In all full-day, half-day and pre-suit mediation sessions, a submission from each party setting forth the parties summation of the facts and analysis of the dispute is requested at least two days prior to the mediation session. Each party will also submit a copy of their active pleading. If the case is set for a jury trial and the parties have a proposed jury instruction, the parties are requested to submit a copy of their proposed jury instructions. A submission form will be provided to each party.
Non-Binding Mediation to Binding Arbitration
Sessions may be conducted in all forms of Alternative Dispute Resolution including binding arbitration allowed by Texas law. Non-binding advisory opinions from the Mediator may also be requested by agreement of the parties.
Parties to Attend Session
Each party must have a representative attend the entire session who has authority to settle the dispute. A list of all persons expected to attend should be provided with the pre-session submission.
Use of Facilities
Mediation sessions may be conducted at the offices of either party by agreement or conference rooms will be provided at no additional cost to the parties.
Fees, Travel, and Cancellations
All fees are payable in advance of the mediation session. Travel expenses for the mediator, if mediation is conducted outside of San Angelo, Texas, shall be set by agreement of all parties at the time of scheduling mediation. Cancellations of sessions that are rescheduled are not subject to a cancellation fee. All other cancellations within 48 hours of the mediation session may be subject to a $100.00 cancellation fee. All other cancellations within 24 hours of the mediation session may be subject to a $250.00 fee.
Conduct at Mediation Session
All participants shall agree to make a good faith effort to reach a settlement. All participants shall be given a fair opportunity to express their position and shall treat everyone with respect. Counsel for each party shall determine the level of participation by their client in the actual presentations at the mediation. Counsel is encouraged to allow their clients to make presentations at the mediation session, especially in family law disputes, to give the mediation process a full opportunity to be successful.
Mediator’s Qualifications and Experience
LEGAL EMPLOYMENT & EXPERIENCE
33rd year of litigation experience
26th year in private practice
4 years as State District Judge in Tom Green County, Texas with General Jurisdiction 2001-2004
Board Certified Civil Trial Law by Texas Board of Legal Specialization since 1987
TRIAL EXPERIENCE AS ATTORNEY & JUDGE
Civil Law—Medical malpractice, products liability, other personal injury cases, construction, real estate, oil & gas, DTPA, business disputes and dissolutions, receiverships, will contests, trust reformation and termination, fiduciary malfeasance & misfeasance, lending and collections, labor disputes and employment discrimination, insurance claims, condemnation, water & utilities Family Law—Divorce, Custody, Support, Termination, Protective Orders, Adoptions, Judge assigned to Child Protective Service Cases Criminal Law—All levels from Capitol Murder to State Jail Felonies and all Misdemeanors Appellate Law—Austin, San Antonio, El Paso, Beaumont, Eastland Courts of Appeal, Texas Supreme Court
Texas Tech University Bachelor of Arts with Honors 1977 University of Houston Law School Doctor of Jurisprudence 1980 A. A. White Dispute Resolution Center—Mediation Training 2004
LEGAL ACTIVITIES—(Past & Present)
Teaching Assistant University of Houston Law School Associate Professor at Howard College—Teaching Civil Trial in paralegal Program Author published Is a Final Settlement Really Final?, in REVIEW OF LITIGATION in 1992 by Texas Law Review Speaker & Author—State Bar CLE, Current Texas Law Speaker—St. Mary’s Law School CLE Ethics Seminar Tom Green County Bar Association, Past President and Board Member State Bar of Texas State Bar College