Alternative Dispute Resolution

• Early Intervention
• Mediation
• Arbitration
• Collaborative Law
• Special Judge

Hammerle Finley offers a comprehensive alternative dispute resolution service, reaching positive results through the methods of early intervention, mediation, arbitration, collaborative law and special judging. 

Early Intervention:  This is an innovative process where our faciliator meets with the parties before they have hired their own attorneys.  Our faciliator aids them in reaching an agreement that complies with the law and will be enforceable.  Both parties sign the written agreement, which is then binding.  This results in substantial savings in attorneys' fees, time and emotional turmoi.  Early Intervention meetings are available on an hourly, half-day or full-day basis.

Mediation:   This is a private, informal dispute resolution process in which our mediator, as a neutral third party,  meets with the parties on an individual basis. After evaluating the information provided by the parties and based on training and expertise, our mediator makes suggestions to the parties to assist in the resolution of the dispute. While the mediator has no power to impose a decision on the parties, often the parties are able to reach a settlement by using this process.  Mediation can take place with or without each party's own attorney being present.  Mediations are available on a half- day or full day basis. 

Arbitration:  This is a forum in which our arbitrator acts either solely or as part of a three-person panel. The arbitrator or arbitrators are selected either directly by the parties or designated by an arbitration agency, and act as both judge and jury. After conducting a hearing at which both parties have an opportunity to be heard, the arbitrator or arbitrators render a decision referred to as an award. The award may be final and binding upon the parties and may be enforceable through the courts if necessary.

Collaborative Law:   In this process, the parties to a dispute are both represented by lawyers who work to achieve a positive outcome while protecting their clients' interests. They focus on producing a fair and workable solution in a non-adversarial manner. If this process cannot go forward and a solution found that both parties deem fair and acceptable, the parties can resort to traditional litigation.  Prior to engaging in collaborative law, the participants sign a binding agreement that outlines the terms of the process.

Special Judge:  This is a unique procedure where the parties actually agree, with court approval,  to hire a private judge to determine their dispute.  The advantages of a Special Judge are obvious:  the parties know who will determine the dispute, there is no wait to get on a docket (in a state court it's not unusualy for a case to be delayed for months, if not years, because of the court's schedule),  and the entire process can be streamlined.  Utilizing a Special Judge can save time and attorneys' fees.   To be qualified to serve as a special Judge, an attorney must have served for at least 4 years as a district, statutory county court, or appellate judge.  

Our People

Craig Fowler is qualified to serve as a Special Judge and  was an early pioneer of mediation.  He has trained more than 400 attorneys in the fine art of mediation, arbitration and collaborative law.  He is also a strong proponent of early dispute intervention - an innovative process where he meets with parties before they retain an attorney to work out a binding agreement. 

Attorney John Narsutis has extensive experience in the field, including work as a mediator, arbitrator, Special Judge, and Master (appointed through the Courts).  John has a well-earned  reputation for fairness and impartiality. He applies his expertise and knowledge to achieving results through alternative dispute resolution methods as well as traditional legal methods.

Elder Law Attorney Robert S. Morris, is a trained mediator.  Rob has thirty years experience in creatively resolving contentious matters through mediation and arbitration.  He is a member of the National Academy of Elder Law Attorneys, and has an in-depth understanding of the complexity of family relationships. 

In His Own Words:  Alternative Dispute Resolution by Craig Fowler

In 1989, the Texas Legislature enacted a number of methods of Alternative Dispute Resolution (ADR) or Appropriate Dispute Resolution. Mediation has proven to be the most popular and widely used method so far. Arbitration is another alternative, but is less commonly used in family law matters. Mediation is an interest-based process conducted by a trained, impartial third party (The Mediator) whose role is to assist two (or more) parties to a dispute in reaching an agreement. The process is one where the parties to the dispute have the opportunity to control the outcome rather than accept a result imposed by a third party, often a Judge but could be by an Arbitrator. Arbitration similarly involves a trained, impartial third party (the Arbitrator) who listens to each party's case and makes decisions on any contested issues, similar to a Judge but in a much less formal atmosphere. Under Texas law, arbitration is binding on the parties only where they have agreed in writing to be bound by the result.

Mediation has been used throughout history as early as the Greek and Roman Empires to resolve a variety of disputes such as commercial, legal, diplomatic, workplace, community, and family matters.

"Pure" Form vs. "Caucus" methods of mediation.

Since the passage of the Texas statute a method or style of mediation has developed, often called the "caucus" method. This method or style is significantly different from the original method, often called the "pure" form of mediation.

A "caucus" mediation generally takes place after attorneys are hired and a divorce is filed. If child custody is in issue, many courts require mediation before proceeding to trial. The parties and their attorneys attend the mediation session, generally a "full day" that can last more than the eight hours allotted. The biggest difference between this method and the "pure" form method is that the parties and their attorneys do not meet with each other but remain in separated during the day. The Mediator then conducts a "caucus" with each side, engaging in a "shuttle diplomacy" whereby he or she facilitates the negotiations between the parties based on their positions until an agreement (or impasse) is reached. In more complex cases, as second or even third day of mediation can be scheduled. At the end of a successful mediation, the mediator will prepare a binding settlement agreement for everyone to review and sign. That agreement then becomes the basis for the final court order prepared by the parties' attorneys.

The "pure form" of mediation was the historically preferred method and was implemented, in family disputes, primarily by mental health professionals and a few attorneys. This method does not necessarily include attorneys and can be done before a divorce is filed. Here, the Mediator meets with the parties in joint sessions (or a series of joint sessions) where the mediator assists each party in communicating their interests and needs to each other, facilitates negotiations between them and drafts a written agreement. A caucus with one party is the exception, rather than the rule. The common issues to be resolved include possession and access (custody) of children, child support and property division. The sessions are generally two hours long and several sessions may be required before an agreement is reached on all disputed issues. In between sessions, the parties would consult with their attorneys, if any, and/or financial planner. At the end of the process, a settlement agreement is prepared. The attorney(s) for the parties then prepare the necessary court documents to finalize the uncontested divorce.

For couples contemplating divorce or parents contemplating a modification of a prior court order, mediation is an alternative process for resolving any disputed issues and may even be required by the court.