Mediator Resume

Retired from the Texas Supreme Court in 2010 after nearly 18 years of distinguished judicial service, then founded own law firm where advocates before courts and serves as an arbitrator and mediator. Draws on over 40 years of complex civil litigation and appellate experience to resolve disputes in a wide variety of areas including energy, business and commercial relations, intellectual property, insurance, environmental and utility regulation, technology, oil and gas, and torts, with a strong record of success in multiparty mediations.

Law Office of Harriet O'Neill, PC – President

Judge (Ret.), Attorney, Arbitrator, Mediator, Consultant

President, Law Office of Harriet O'Neill, PC, 2010 - Present; Justice, Supreme Court of Texas, 1999 – 2010; Justice, 14th District Court of Appeals State of Texas, 1995 – 1998; Judge, 152nd District Court State of Texas, 1993 – 1995; Attorney, sole practitioner, 1986 – 1992; Attorney, Morris & Campbell, 1984 – 1986; Attorney, Porter & Clements, 1982 – 1984.

As an appellate and civil trial judge, gained legal experience in a wide variety of civil cases, including contract and business disputes, regulatory matters, constitutional issues, statutory interpretation, insurance coverage, personal injury, mass tort, class actions, sovereign immunity, natural resources and water rights, environmental and utility regulation, pollution, condemnation, boundary disputes, wills and estates, securities regulation, oil and gas, renewable energy, nuclear power, property ownership and partition, divorce and marital estates, government powers, among others. Consistently highly rated jurist in local and statewide Bar Polls. Twice named Appellate Judge of the Year (2002 and 2006) by Texas Association of Civil Trial and Appellate Specialists, a highly coveted professional recognition. In over two decades of private practice before taking, and after leaving, the bench, gained extensive experience in complex disputes, including oil and gas, renewable energy, contract and lease disputes, business valuation, corporate transactions, insurance, products liability, intellectual property, among others.

One of the first class of certified mediators in Texas in 1980s; developed successful mediation practice in complex business and civil disputes with very high settlement rate, including in the areas of personal injury, business and contract disputes, antitrust, RICO, product liability, oil and gas, medical malpractice, intellectual property and trade-secret theft, foreign energy concessions, renewable energy, to name a few. Co-taught class in alternative dispute resolution through South Texas College of Law in summer of 2002; participated as panel member in judicial education regarding alternative dispute resolution. Since retirement from the bench, have conducted 20+ mediations in complex cases involving disputes over business dealings and contracts, indemnification, personal injury, defamation, mortgage-backed securities investment, legal malpractice, construction, governmental takings, gas gathering operations, oil & gas royalty, and theft of trade secrets.

I spend a considerable amount of time before the mediation reviewing the case background and substantive case filings, and caucusing virtually with the attorneys/parties to get a good sense of the legal and factual contentions and the parties’ respective positions. That allows me to facilitate a knowledgeable exchange of information in advance of the mediation, with the goal of having an offer on the table, and perhaps even a counter, before we begin the Mediation Day. The Mediation Day, then, is devoted to guiding a more informed risk assessment and deeper dive as to the parties’ needs and potential solutions. My style depends upon the needs of the particular case and the personalities involved in the decision making process.

Willing to conduct mediations in-person, via videoconference/teleconference (familiar with online platforms like Zoom, Loop Up, Teams), or hybrid formats. Familiar with managing ESI.

University of South Carolina School of Law (JD, Society of Wig and Robe-1982); Converse College (BA, with Honors-1978).

Admitted to the Bar: Texas (1982); U.S. Court of Appeals, Fifth Circuit.

American Law Institute; Texas Bar Foundation; State Bar of Texas.

Frequent speaker and author of many legal articles in addition to legal opinions. Presenter at various legal seminars on topics of interest to trial lawyers, appellate lawyers and corporate counsel. Consistently rated a top seminar presenter on topics such as measure of damages, trial and appellate procedure, evidence standards and proof techniques, appellate review standards, and legal updates.

Hourly Rate: Not provided Daily Rate: $7,500.00 Study Rate: $850.00/hr Cancellation: $6,000.00/Day Cancellation Period: 21 Days Comment: $30,000 minimum retainer (depending upon case complexity). Parties may be requested to replenish from time to time if funds on deposit appear to be insufficient. Any sum left from retainer after payment of final invoice to be reimbursed to parties equally, and any deficit to be billed to parties equally.

English

United States of America

Austin, Texas