Mediation in Texas

An Interview with Brian Robison: Enterprise-Litigation and Mediation in Texas

One of the fascinating developments in industrial litigation is the way in which a brand new technology of mediators is utilizing inventive and business-minded approaches to resolving battle. A kind of taking a brand new strategy to mediation is Brian Robison, a associate in Texas-based legislation agency Brown Fox PLLC.

Given your background as a trial lawyer who represents massive corporations in a variety of business-litigation issues, how did you determine to department out into mediation and different dispute decision?

I made this transition for 2 causes. First, I noticed the toll that protracted litigation takes on the litigants, and I wished to become involved in serving to events resolve their disputes. Advanced enterprise disputes typically final for years and value the events dozens of tens of millions of {dollars} in lawyer and knowledgeable charges in addition to settlements on the eve of trial. I nonetheless love the legislation, however as an alternative of being a part of the slog towards trial, I wished to play a distinct function. I wished to see if I may assist design inventive options that will permit events to cease the haemorrhaging on charges and attain closure earlier than rolling the cube with a jury. Second, in my 26+ years as a trial lawyer, I noticed a large variance within the high quality of mediators I used. Some have been distinctive. The mediators on this class invested the time essential to be taught the case, they understood the non-public dynamics on all sides, and they didn’t have just one approach of operating a mediation. They tailor-made their plan to the state of affairs they confronted. Nonetheless, different mediators have been nothing greater than number-carriers. They didn’t add any worth to the method. I believed by becoming myself into the primary class, I may supply events and legal professionals a stable different to a jury trial who may assist them put the distraction of litigation behind them.

As a trial lawyer who represents massive corporations in a variety of business-litigation issues, how has this expertise helped you add worth to battle decision shoppers and their disputes?

By drawing on my 26+ years of litigating advanced circumstances, I’m able to paint an specific image of the prices, uncertainty, and delay concerned in protracted litigation. It’s shocking what number of events don’t notice (till I discuss to them) that there’s a monstrous distinction between securing a positive jury verdict and precise amassing cash. Prevailing at trial is nothing like getting cash out of an ATM. Prevailing at trial means a celebration has a pleasant piece of paper entitled “Ultimate Judgment” to hold on the wall. They typically face years of pricey appeals after which assortment efforts earlier than they notice any profit from that judgment. I emphasize that by way of a settlement, the events have some management over the end result, whereas at trial their fates are within the fingers of 12 jurors whose solely qualification is a driver’s license. A settlement additionally brings closure years sooner than a litigated resolution. And a settlement ensures value management; the events can cease the expensive cycle of discovery, movement observe, and making ready for trial a number of occasions as circumstances get set and reset for trial a number of occasions earlier than reaching a jury.

What kind of circumstances have you ever labored on, and are you seeing any current tendencies in mediation?

I’ve mediated all kinds of circumstances, together with: employment, non-competes, enterprise divorces, oil & fuel, breach of contract, fraud, authorized malpractice, actual property, merchandise legal responsibility, breach of fiduciary obligation, DTPA, securities fraud, TCPA, and anti-SLAPP.

I’ve seen two notable tendencies in my time mediating circumstances. First, we have now partisan judicial elections in Texas, and if the related courtroom of appeals turns blue, then legal professionals on each side of my circumstances begin altering their valuations, pondering the brand new appeals courtroom might be extra plaintiff-friendly. Second, I see increasingly more legal professionals insist that I skip any form of opening session the place the events or the legal professionals make displays. Some legal professionals say a gap session will rile feelings and set again any settlement efforts, whereas others say a robust opening speech will embolden a consumer to assume its case is stronger than it truly is.

What’s your strategy or type to mediation?

Preparation is my calling card. Earlier than every mediation, I meet individually with all sides, evaluation the mediation statements, scorching paperwork, and key pleadings, and ask each side what I contemplate to be the powerful questions. I feel it’s crucial to have pre-mediations conferences with each side, fairly than simply learn the mediation statements. These conferences are interactive and permit me to ask (earlier than the precise mediation) how all sides sees sure info taking part in out earlier than a jury and explains the dangerous paperwork. By being absolutely educated concerning the info and legislation beforehand, I all the time hit the bottom operating. The legal professionals wouldn’t have to waste half a day educating me concerning the case whereas their shoppers get annoyed by an absence of progress; we are able to transfer straight into negotiating a attainable decision. As soon as the mediation begins, I feel my type is much like that of a legislation professor. I like to speak on to the shoppers about what I see because the strengths and weaknesses of their case, I stroll by way of how a jury is prone to view the proof, and I generally conduct mock cross-examinations on key paperwork to see how a witness may fare in courtroom.

How are mediation proceedings carried out in your jurisdiction?

There is no such thing as a obligatory format for mediations in Texas. I’ve had success with all the customary codecs: in-person, Zoom, and hybrid. I want in-person mediations as a result of I be taught loads of info by way of physique language and facial expressions throughout my non-public caucuses. Nonetheless, there are benefits to the Zoom and hybrid codecs, particularly that it’s typically simpler to get high-level decision-makers to attend a mediation if they will attend by way of Zoom.

What’s the normal timeframe for mediations in your jurisdiction? Is there any statutory interval inside which mediations have to be accomplished?

No, there is no such thing as a required timing for mediations in Texas. I’ve had events mediate with me earlier than and after circumstances are filed; earlier than, after, and through discovery; on the eve of trial; and even after last judgment has been entered.

About Brown Fox
Based in 2010, Brown Fox is a enterprise boutique legislation agency centered on serving companies, executives, and entrepreneurs in observe areas mostly wanted to advance enterprise development, handle threat, and defend from assault. The agency’s consultant clientele consists of corporations starting from start-ups to publicly traded corporations. The agency has places of work in Dallas and Frisco.  

About Brian Robison
Brian Robison is a trial lawyer at Brown Fox PLLC who represents massive corporations in a variety of business-litigation issues. Mr. Robison can also be knowledgeable arbitrator and mediator providing events the total complement of alternative-dispute decision providers. These ADR procedures present events a option to resolve disputes and attain finality far ahead of they might count on in courtroom, whereas decreasing litigation prices and eliminating threat. When serving as a mediator, Mr. Robison attracts on his greater than 26 years of expertise representing each plaintiffs and defendants in a variety of litigation issues and delivers the benefits of the ADR course of.

Electronic mail: brian@brownfoxlaw.com
Tel: 972 707 1809
www.brownfoxlaw.com

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