Mediation Arbitration Trial by Special Judge
Frequently Asked Questions
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WHAT IS YOUR EXPERIENCE IN MEDIATION/ARBITRATION?
I began mediating and arbitrating in January 2001 after retiring from the state district court where I had been serving since 1984.
Since 2001 I've mediated or arbitrated over 950 cases as of the end of 2019.
DO YOU STILL SERVE AS A JUDGE?
I frequently serve as an assigned judge in Brazos and other counties.
WHAT KINDS OF CASES HAVE YOU MEDIATED?
I’ve mediated cases involving personal injury and wrongful death (including automobile and truck collisions, non-subscriber worker compensation, and premises liability), partnership and other business disputes, professional negligence, land titles, land damage, employment, estate settlement, will contests, oil and gas, divorce, child custody and collections. I look forward to mediating child protection (CPS) cases.
ARE YOUR MEDIATIONS MOSTLY IN BRYAN/COLLEGE STATION?
Most of them have been in the Brazos County area, but I have mediated cases in these locations as well.
- San Antonio
Sometimes cases pending in other counties are mediated with me in Bryan.
I have no objection to traveling to another city even for cases pending in my home county when it's more economical to the parties.
HOW WOULD YOU DESCRIBE YOUR MEDIATION STYLE?
I tend to be an "active" as opposed to a "passive" style of mediator. I describe myself as a "vigorous advocate for settlement."
WHAT IS YOUR SETTLEMENT RATE IN MEDIATIONS?
My mediation settlement rate is over 90%.
WHAT DO YOU ATTRIBUTE THAT TO?
Partly it’s because I am passionate and energetic about trying to get a case settled. Partly it’s because of the prior judicial experience I bring to the table. I am well aware of the frustrations, uncertainty, and expense of civil litigation.
I think I’m good at helping people get a full understanding of the risks of litigation. That makes mediation options seem more attractive than they might otherwise.
I have a great deal of empathy for the difficulties that people experience as they navigate through our judicial system. It gives me a lot of satisfaction to help them put an end to their problems in a short period of time and at comparatively modest cost.
WHAT WAS THAT JUDICIAL EXPERIENCE?
I became a Texas district court judge in Brazos County in 1984, by appointment of the Governor. I've tried approximately 580 jury trials, both civil and criminal.
Beyond that I've tried thousands of bench trials of all kinds. That experience has given me a feel for the strengths and weaknesses of cases.
Some lawyers have said it adds to my credibility in evaluating their case.
WHAT PERCENTAGE OF YOUR CASES ARE ARBITRATIONS?
As of 2019 approximately 25% of my ADR (Alternative Dispute Resolution) cases are arbitrations.
Most of my arbitrations in recent years have been through Judicial Workplace Arbitrations (www.jwarbitrations.com).
WHERE DO YOU DO YOUR MEDIATIONS OR ARBITRATIONS?
Mediations usually happen in one of the lawyers' offices. When the lawyers are from out of town I use other local attorneys' offices, or one of several locations in Bryan Texas.
Arbitrations usually happen in hotel meeting rooms, but occasionally in law firm conference rooms.
Maps and directions can be found here - just click here to visit my location page.
WHAT IS A “SPECIAL JUDGE”?
A “trial by special judge” is a procedure similar to arbitration. It’s authorized by Chapter 151, Civil Practice and Remedies Code.
It can be much less expensive than some arbitrations, but retains the right of appeal in the event of an unfair result. See more elsewhere in this site.
WHAT ARE YOUR FEES?
Feel free to call or e-mail me about your case and I will explain my fee arrangements. We will confirm those by email so there will be no surprises.
I'm happy to quote either a "half-day" or "full-day" fee and let the parties choose which they think is most favorable to them.
When the parties are unable to afford a full fee I'm open to discussing a reduced fee.
CAN YOU PROVIDE A RESUME I CAN SHARE WITH MY CLIENT OR OPPOSING COUNSEL?
Of course. Click here to see my resume.
© Copyright John Delaney 2020