Judge Downey mediates cases throughout Texas, primarily in Houston and Austin but also Dallas and San Antonio. Drawing on his experience as a trial judge and lawyer, Judge Downey believes there is no substitute for preparation. Prior to mediation, he will review all materials provided by the lawyers and will call the lawyers prior to the date of mediation to learn more about the legal and personal dynamics in play. He also allows the parties to suggest the format the mediation should take. While an opening session is the common way to begin, some cases do not lend themselves to such a procedure, which may actually be counterproductive. And, it is not over until it is over. If the case does not settle on the day of mediation, Judge Downey continues to work with the parties by telephone at no extra charge and for as long as it takes to get the dispute resolved.
During the COVID-19 crisis, Judge Downey has been mediating cases online utilizing Zoom and has a 100% success rate.
AREAS OF SPECIALTY
Judge Downey mediates all types of civil lawsuits, particularly those in the areas of construction law, business law, products liability, personal injury, employment disputes, copyright and trademark, real property, oil & gas and pharmaceutical litigation, pending in federal and state courts.
EMPLOYMENT CONTRACT MEDIATION AND ARBITRATION
A significant portion of Judge Downey’s mediation and arbitration practice concerns employment contracts. Most employers now require employees to sign contracts adopting mediation and/or arbitration as the exclusive forum to resolve disputes between them. Judge Downey is a member of the panel of Judicial Workforce Arbitrations which specializes in such proceedings. He also conducts private employment mediations and arbitrations for several companies and their employees. Some of the issues addressed in these proceedings include, wrongful discharge, on-the-job injury, violations of covenants not to compete and general breaches of the employment contract.
The fee for a full-day mediation is $2,000.00 per party and for a half-day, $1,000.00 per party.
If multiple “parties” are represented by the same lawyers and are aligned such that there are no conflicts between or among them, they are considered one “party” for determining the fee. However, if they will require separate rooms to address their own issues, then they will be considered separate parties and the fee will apply.