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Mediator Resume

Michael A. Hawash, Esq.

Michael A. Hawash, Esq.

Professional Summary

Michael Hawash is a veteran trial lawyer and neutral with over three decades of experience in complex commercial litigation matters. As the founder of Hawash Houston Mediation, he has successfully mediated over 700 cases, bringing deep expertise to high-stakes construction, insurance, and business disputes. Michael serves on the AAA Commercial and Construction Panels and is recognized as a distinguished mediator with the National Association of Distinguished Neutrals and the Texas Mediator Credentialing Association. An Adjunct Professor at the University of Houston, he is known for his “relentless pursuit of resolution” and rigorous risk analysis. Michael frequently lectures at CLEs and law schools nationwide on dispute resolution topics.

Current Employer-Title

Hawash Houston Mediation - Founder

Profession

Attorney, Mediator, Arbitrator, Early Dispute Resolution Neutral, Adjunct Professor

Work History

Owner, Hawash Houston Mediation LLC, 2018-Present; Partner, Hawash Cicack & Gaston LLP, 2008-Present; Attorney, Seyfarth Shaw LLP, 2004-2008; Attorney, Adams & Reese LLP, 2001-2004; Attorney, Verner Liipfert Bernhard McPherson and Hand Chartered, 1999-2001; Attorney, Meyer Orlando & Evans PC, 1993-1999.

Experience

Three decades of experience handling complex commercial litigation, negotiation, and resolution of disputes, primarily in the construction, real estate, and insurance industry, on both sides of the bar. Extensive experience representing both the owner and contractor in construction defect cases; multiple design professional malpractice matters involving architects, structural engineers, civil engineers, as well as mechanical, electrical and plumbing (MEP) engineers; multiple cases involving attorney malpractice, particularly with regard to fiduciary duties, standards of care, and conflicts of interest; medical billing; AIA contract litigation; oilfield indemnity disputes; workplace accidents and injury; admiralty and maritime law claims; all facets of insurance industry litigation, including coverage, bad faith, prompt pay, first and third-party claims, as well as insurance agent/broker liability.

Mediator Experience

Served as a mediator in 700+ cases, including construction, real estate, breach of warranty, landlord-tenant, first- and third-party insurance, insurance broker liability, partnership dissolution, fiduciary duties, debt collection, design professional malpractice, legal malpractice, legal billing, negligence, auto, breach of contract, and other general business disputes.

Representative Issues Handled as a Mediator

In construction cases: construction defects, design defects, deficient performance, delay claims, change orders, liens, and subcontractor disputes. In insurance cases: causation, coverage, policy interpretation, covered v. uncovered losses, bad faith, prompt pay, attorney’s fees, statutory damages, and expert sufficiency. In negligence cases: accident investigation, liability analysis, interpreting medical billing & records, realistic risk assessment, lost wages & earning capacity, economic and non-economic losses. In business cases: contract interpretation, business valuation, fiduciary duties, fraud, contractual and statutory defenses.

Mediator Style & Process Preferences

Relentless pursuit of resolution with the overarching goal of avoiding the inherent uncertainty, expense, and frustration of the courthouse, while maintaining high ethical standards that preserve the integrity of the ADR process. Initial focus is to obtain a deep understanding of the parties’ needs (financial, emotional, tangible and intangible) as well as an understanding of each side’s position (factual, legal, and other relevant factors, such as leverage). If necessary, facilitate the exchange of information pre-mediation to ensure each party has sufficient knowledge to develop an informed position on settlement. During mediation, engage in extensive risk-analysis, primarily through neutral, non-adversarial questioning and reality-testing, to help the parties evaluate the strengths and weaknesses of their own case, as well as that of their opponents. Facilitate resolution by encouraging the parties to evaluate proposals based on a reasoned examination of the pros and cons of settlement.

Education

University of Houston (JD-1994); The University of Texas at Austin (BA, History/Government -1991).

Professional Licenses

Admitted to the Bar: Texas (1994); US District Court: Northern, Southern, Eastern, and Western Districts of Texas; US Court of Appeals: 5th Circuit.

Professional Associations

Member, National Academy of Distinguished Neutrals; Board of Directors, Credentialed Distinguished Mediator, Texas Mediator Credentialing Association; Trustee, Early Dispute Resolution Institute; American Bar Association, Committee on Early Dispute Resolution; American Bar Association, Committee on ADR Practice Management, Business & Skills Development; American Bar Association, Committee on Mediation; Association of Attorney-Mediators; Texas Association of Mediators; Chairman, Houston Bar Association, ADR Council.

Recent Publications & Speaking Engagements

Recent Publications: Michael Hawash, Zealous Advocacy & Zealous Problem Solving: Ethical Duties in Mediation, The Houston Lawyer (2021); Michael Hawash & Judge Jim Kovach, No Jury, No Trial, No Problem: A New Form of Dynamic Mediation Is Helping to Unclog Harris County’s Civil Dockets, The Houston Lawyer (2021); Michael Hawash, Early Dispute Resolution Comes of Age During the Pandemic, American Bar Association Just Resolutions (2020); Michael Hawash & Peter Silverman, An Introduction to Early Dispute Resolution: Fairly and Ethically Resolving Disputes Within 30 Days, Association of Attorney-Mediators (2020); Michael Hawash, Normandy, The Magnificent Eleven and Mediation (2019). Recent Speaking Engagements: Adjunct Professor, University of Houston Law Center (2022-2026), Visiting Lecturer, Various ADR Topics, South Texas College of Law (2023-2026); Guest Lecturer, Apologies, Forgiveness & Reconciliation: Two Case Studies, Pepperdine University School of Law (Feb 2025); Instructor, How to Analyze Risk, Value Cases & Settle Early, Houston Bar Association (Jan 2025); Speaker, An Introduction to Early Dispute Resolution for Mediators, Frank Evans Center for Conflict Resolution (Jan 2025); Speaker, Early Dispute Resolution for the Judiciary: How EDR Can Reduce Docket Congestion, Houston Bar Association (Dec 2024); Panelist, Now or Later: Early or Post-Discovery Mediation, Houston Bar Association (Nov 2024); Adjunct Professor, Legal Negotiations, University of Houston Law Center (Fall 2024); Instructor, Early Dispute Resolution, EDR Institute (Jun 2024); Panelist, EDR: How to Evaluate Cases & Settle Early, Practicing Law Institute (Jun 2024); Speaker, Decision Trees & Impasse Management, Houston Bar Association (May 2024); How to Analyze Risk, AAA - International Centre for Dispute Resolution (2023); Settling Cases Early, Equitably & Economically, Houston Bar Association (2023); Arbitrating Insurance Cases, State Bar of Texas (2023).

Locations Where Parties Will Not be Charged for Travel Expenses

Houston, Texas

Compensation

Hourly Rate: Not provided Daily Rate: $4,400.00 Study Rate: Not provided Cancellation: $2,200.00/Day Cancellation Period: 7 Days Comment: Half-day mediations are $1200/day per party.

Languages

English

Citizenship

United Kingdom; United States of America

Locale

Houston, Texas