Mediator Resume

Experienced arbitrator, mediator, and retired civil district court judge with over 35 years in commercial, energy and employment litigation. Since 2017, has served as Arbitrator in over 150 matters and mediated more than 300 disputes. Judicial tenure included presiding over a high-volume docket of complex civil cases. Recognized for expertise in upstream and midstream oil and gas matters, executive employment disputes, and large-scale business litigation.

Patricia J Kerrigan P.C. - Arbitrator and Mediator

Arbitrator, Mediator, Retired Sr District Court Judge and Visiting Judge

Arbitrator and Mediator, Patricia J Kerrigan P.C., 2017 - Present; Visiting Judge by appointment 2017 - Present; Presiding Judge 190th District Court, Harris County Texas, 2007 - 2017; Founding Partner, Werner Kerrigan & Ayers, L.L.P, 1997 - 2007; Partner, Norton Rose (fka Fulbright & Jaworski), 1983 - 1997; Registered Nurse, 1974 - 1978.

Since retiring from the bench in 2017, Judge Kerrigan has served as an Arbitrator on over 150 arbitrations, frequently as a Panel Chair, with a primary focus on complex disputes in the energy, commercial and employment sectors. Judge Kerrigan was a trial lawyer for 25 years and knows the importance of ruling efficiently and working with counsel to keep the arbitration on schedule. Judge Kerrigan continues to sit by appointment as a Visiting Judge and has been appointed as a TRCP Rule 151 Special Judge by the request of the Parties and court order. Judge Kerrigan has mediated over 300 matters, is a certified mediator through the A.A. White Dispute Resolution Center and has been a Credentialed Mediator with the Texas Mediator Credentialing Association. She has served as a mediator on many AAA administered panels, again, in the areas of energy, commercial cases and in employment matters. Energy Energy related arbitrations have primarily involved upstream and midstream operations in the oil and gas sector. Representative matters include: • Contract disputes involving joint operating agreements and master service agreements • Royalty calculation and payment disputes, including underpayment claims • Production interruption and delivery obligations, including force majeure defenses • Pipeline construction and transportation fee disputes • Environmental liability for legacy site remediation • Performance disputes in solar energy agreements Employment Employment arbitrations have addressed a broad range of workplace and executive-level disputes. Representative issues include: • Executive compensation, bonus, and severance payment claims • Wrongful termination and employment contract breach allegations • Workplace discrimination and retaliation claims under Title VII and state equivalents • Wage and hour claims, including FLSA disputes • Enforcement of restrictive covenants, including non-compete and confidentiality agreements Commercial Judge Kerrigan’s commercial arbitration experience encompasses a broad range of industry practice and legal issues. Matters have involved: • Complex contract interpretation and performance disputes • Allegations of fraud, misrepresentation, and breach of fiduciary duty • Business divorces, partnership disputes, and corporate governance issues • Intellectual property disputes, including exclusivity breaches • Commercial real estate matters involving leasing, development agreements, and joint ventures • Healthcare-related disputes, including managed care contracts and provider agreements and general business disputes. • Insurance coverage and allocation issues arising out of commercial transactions and loss events Prior to 2007, while in private practice, Judge Kerrigan also handled commercial, energy and tort matters and appeared as counsel in over 100 mediations and multiple arbitrations during her time in private practice. She also served as a volunteer Arbitrator by agreement of counsel during her tenure as a District Court Judge and serves as a pro bono mediator for The Dispute Resolution Center in Houston. Judge earned a BSN at Boston University and worked 5 years as an RN in Boston and Houston.

Mediated civil cases full time since 2017 handling both commercial and tort cases, including multi-party commercial disputes and matters involving significant insurance issues, such as excess cases, cases where a reservation of rights is in place, subrogation issues and coverage disputes. Handled mediations, which require more than one day of mediation and mediations where telephone follow up results in a resolution. Retained as a mediator specifically to handle matters with emotional issues at the forefront due to expertise and ability to deal effectively with the parties under those circumstances and facilitate a resolution.

General practice is in energy, commercial, tort and employment cases often with challenging legal issues complicated by conflicting factual allegations, such as business disparagement or fraud cases, cases based on oral representations in a sale of land or a business, warranties, malpractice and tort claims. Examples of specific matters mediation include: • legal malpractice case against multiple firms and attorneys involving allegations of breach of fiduciary duty, DTPA and negligence in the provision of tax advice during a complex transaction; • tortious interference claims arising out of international chemical company relationships; • commercial cases with complex claims such as fraud and breach of fiduciary duty which have often lead to a business divorce, buy outs and sales agreements; • medical malpractice case with claims against multiple practitioners and facilities involving brain injury to a newborn during delivery; • disputes involving purchase and sale agreements for natural gas; • non-compete and non-solicitation issues with and without contracts; • residential construction defects claims; • broker agent liability claims in commercial and residential building loss cases; • shareholder agreement disputes; • employment benefit contractual disputes; • auto and truck personal injury claims.

As a former Judge and experienced trial lawyer, Judge Kerrigan trusts and supports the jury system. However, for some cases, the client is better served by finding a resolution through mediation where the client can still exert control over the outcome. In Court, the Judge is assigned rather than selected and the outcome of any case may be significantly impacted or delayed by pretrial rulings. The stress of litigation only increases over time and mediation is an important process whereby the parties may consider options to resolve the litigation and, thereby, reduce risk and expense. Judge is an accessible, well prepared and effective mediator. Through the process, the parties may be creative in crafting a suitable compromised outcome. In mediation, the parties, with the assistance of an effective mediator, are given an opportunity to view their case through a different lens and weigh the pros and cons of submitting the dispute to a judge or jury for determination. Mediation is often the parties’ final chance to exercise control over the resolution of their case. The role of the mediator is to facilitate discussions between the parties and with each party separately, on critical aspects of the case and the potential impact of various issues on the outcome of the case. In mediation, I will foster communication, develop knowledge, encourage candor and preserve confidentiality. I do not view my role as requiring the parties to settle or strong-arming a party to accept any offer, rather, it is to foster confidence, communications and a desire to resolve a dispute and assist in finding the pathway to get there.

Technically proficient.

University of Houston Law Center (JD, Chief Justice of The Advocates); Boston University (BSN). National Courts and Science Institute - Los Alamos Judicial Science Program (2015); ASTAR Advanced Science and Technology Adjudication Resource Judge Fellow Program (2015).

Admitted to the Bar: Texas (1983); Admitted in all Texas State Courts; U.S. District Court: Eastern, Southern, Western and Northern District of Texas; U.S. Court of Appeals: Fifth Circuit. Board Certified Personal Injury Trial Law - Texas Board of Legal Specialization.

American Board of Trial Advocates: Member (1997 - Present) (Currently serving on ABOTA National Board of Directors); Texas Association of Civil Trial and Appellate Specialists (2015 Trial Judge of the Year Award); State Bar of Texas; Houston Bar Association; Fellow, Houston Bar Foundation. State Bar Judicial Ethics Committee (2016 - 2018); Texas Mediator Credentialing Association 2017 - 2024; Past or Emeritus: Association of Defense Trial Attorneys (President, 1999); Texas Association of Defense Counsel (President, 1998 - 1999); Defense Research Institute, Secretary 1997.

Publications: Numerous papers on various trial and law topics. A more complete list may be available on request. Sample Speaking Engagements: 2024 TADC Meeting: Mediation and Arbitration Insights 2022 Houston Bar Association, Mentor Gender Fairness Forum 2020 Invited Presenter, HCDC Judges Summer CLE

There is no charge for total travel of under 3 hours.

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: Not provided Cancellation Period: 14 Days Comment: Travel-Driving time under 2 hours is not charged. Beyond 2 hours of travel time and all expenses for travel, meals and hotel will be charged to the Parties. Cancellation- A cancellation fee may be charged if a mediation is cancelled within 14 days. The fee amount is discretionary up to the full fee which would have been set for the date. The mediator may consider the reason, timing, whether the mediation is rescheduled and whether she is able to rebook the date with another case.

English

United States of America

Houston, Texas