An Interview with Brian Robison: Enterprise-Litigation and Mediation in Texas

Some of the attention-grabbing developments in industrial litigation is the way in which a brand new era of mediators is utilizing artistic and business-minded approaches to resolving battle. A type of taking a brand new method to mediation is Brian Robison, a associate in Texas-based regulation agency Brown Fox PLLC.

Given your background as a trial lawyer who represents giant corporations in a variety of business-litigation issues, how did you determine to department out into mediation and different dispute decision?

I made this transition for 2 causes. First, I noticed the toll that protracted litigation takes on the litigants, and I wished to become involved in serving to events resolve their disputes. Complicated enterprise disputes usually final for years and value the events dozens of thousands and thousands of {dollars} in lawyer and skilled charges in addition to settlements on the eve of trial. I nonetheless love the regulation, however as an alternative of being a part of the slog towards trial, I wished to play a special position. I wished to see if I may assist design artistic options that may permit events to cease the haemorrhaging on charges and attain closure earlier than rolling the cube with a jury. Second, in my 26+ years as a trial lawyer, I noticed a large variance within the high quality of mediators I used. Some have been distinctive. The mediators on this class invested the time essential to study the case, they understood the non-public dynamics on both sides, and they didn’t have just one means of working a mediation. They tailor-made their plan to the state of affairs they confronted. Nonetheless, different mediators have been nothing greater than number-carriers. They didn’t add any worth to the method. I believed by becoming myself into the primary class, I may supply events and legal professionals a strong different to a jury trial who may assist them put the distraction of litigation behind them.

As a trial lawyer who represents giant corporations in a variety of business-litigation issues, how has this expertise helped you add worth to battle decision purchasers and their disputes?

By drawing on my 26+ years of litigating advanced instances, I’m able to paint an specific image of the prices, uncertainty, and delay concerned in protracted litigation. It’s shocking what number of events don’t notice (till I discuss to them) that there’s a monstrous distinction between securing a positive jury verdict and precise accumulating cash. Prevailing at trial is nothing like getting cash out of an ATM. Prevailing at trial means a celebration has a pleasant piece of paper entitled “Ultimate Judgment” to hold on the wall. They usually face years of pricy appeals after which assortment efforts earlier than they notice any profit from that judgment. I emphasize that via a settlement, the events have some management over the result, whereas at trial their fates are within the fingers of 12 jurors whose solely qualification is a driver’s license. A settlement additionally brings closure years sooner than a litigated answer. And a settlement ensures price management; the events can cease the pricey cycle of discovery, movement observe, and getting ready for trial a number of occasions as instances get set and reset for trial a number of occasions earlier than reaching a jury.

What kind of instances have you ever labored on, and are you seeing any latest developments in mediation?

I’ve mediated all kinds of instances, together with: employment, non-competes, enterprise divorces, oil & gasoline, breach of contract, fraud, authorized malpractice, actual property, merchandise legal responsibility, breach of fiduciary responsibility, DTPA, securities fraud, TCPA, and anti-SLAPP.

I’ve seen two notable developments in my time mediating instances. First, we’ve got partisan judicial elections in Texas, and if the related courtroom of appeals turns blue, then legal professionals on either side of my instances begin altering their valuations, considering the brand new appeals courtroom will likely be extra plaintiff-friendly. Second, I see an increasing number of legal professionals insist that I skip any form of opening session the place the events or the legal professionals make displays. Some legal professionals say a gap session will rile feelings and set again any settlement efforts, whereas others say a robust opening speech will embolden a consumer to assume its case is stronger than it truly is.

What’s your method or model to mediation?

Preparation is my calling card. Earlier than every mediation, I meet individually with both sides, overview the mediation statements, scorching paperwork, and key pleadings, and ask either side what I contemplate to be the robust questions. I feel it’s important to have pre-mediations conferences with either side, reasonably than simply learn the mediation statements. These conferences are interactive and permit me to ask (earlier than the precise mediation) how both sides sees sure information enjoying out earlier than a jury and explains the unhealthy paperwork. By being absolutely educated concerning the information and regulation beforehand, I at all times hit the bottom working. The legal professionals don’t have to waste half a day educating me concerning the case whereas their purchasers get annoyed by a scarcity of progress; we are able to transfer straight into negotiating a potential decision. As soon as the mediation begins, I feel my model is much like that of a regulation professor. I like to speak on to the purchasers about what I see because the strengths and weaknesses of their case, I stroll via how a jury is prone to view the proof, and I generally conduct mock cross-examinations on key paperwork to see how a witness may fare in courtroom.

How are mediation proceedings performed in your jurisdiction?

There isn’t a necessary format for mediations in Texas. I’ve had success with the entire customary codecs: in-person, Zoom, and hybrid. I choose in-person mediations as a result of I study a whole lot of info via physique language and facial expressions throughout my non-public caucuses. Nonetheless, there are benefits to the Zoom and hybrid codecs, particularly that it’s usually simpler to get high-level decision-makers to attend a mediation if they’ll attend by way of Zoom.

What’s the normal time-frame for mediations in your jurisdiction? Is there any statutory interval inside which mediations have to be accomplished?

No, there isn’t any required timing for mediations in Texas. I’ve had events mediate with me earlier than and after instances are filed; earlier than, after, and through discovery; on the eve of trial; and even after remaining judgment has been entered.

About Brown Fox
Based in 2010, Brown Fox is a enterprise boutique regulation agency targeted on serving companies, executives, and entrepreneurs in observe areas mostly wanted to advance enterprise progress, handle threat, and defend from assault. The agency’s consultant clientele contains corporations starting from start-ups to publicly traded corporations. The agency has places of work in Dallas and Frisco.  

About Brian Robison
Brian Robison is a trial lawyer at Brown Fox PLLC who represents giant corporations in a variety of business-litigation issues. Mr. Robison can also be knowledgeable arbitrator and mediator providing events the total complement of alternative-dispute decision companies. These ADR procedures present events a approach to resolve disputes and attain finality far before they may anticipate in courtroom, whereas decreasing litigation prices and eliminating threat. When serving as a mediator, Mr. Robison attracts on his greater than 26 years of expertise representing each plaintiffs and defendants in a variety of litigation issues and delivers some great benefits of the ADR course of.

Electronic mail: brian@brownfoxlaw.com
Tel: 972 707 1809
www.brownfoxlaw.com

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