Michael J. Shane is a mediator and arbitrator specializing in complex business and commercial matters, employment law disputes, construction disputes, collection cases, consumer claims, personal injury wrongful death claims and family disputes. Michael is very aware of the value of trying to settle disputes through various alternative dispute resolution methods. He conducts mediations and arbitrations in both Texas and New Mexico. Michael is a Credential Distinguished Mediator with the Texas Mediation Credentialing Association.
Michael believes in assisting the parties to a mediation to find their own solution to their dispute. The parties are encouraged to determine how they can best resolve their dispute in a way that is beneficial for all parties concerned. Michael ensures that all the voices in the room are given an equal opportunity to be heard and present their position. He uses his vast experience from over twenty years of handling various lawsuits and disputes in assisting parties by providing realistic expectations of what may or may not happen if the case does not settle. As a still active “trial attorney”, he has a unique perspective on how the current sitting judges and a jury may view each parties’ case, both its strengths and weaknesses.
Michael has over twenty years experience handling a wide variety of lawsuits and disputes. He has represented individuals, companies and other organizations as both plaintiffs and defendants in a wide variety of cases. He has represented his clients in federal, state, bankruptcy, justice and municipal courts.
Michael has handled cases in the following areas of practice:
Michael uses mediation to help resolve matters related to business operations including employment disputes, contract disputes, tax disputes, bankruptcy litigation, fraud claims, deceptive train claims and real estate litigation. Additional areas of focus include open accounts, foreclosures, enforcement and collection of judgements and lender liability.
Insurance related cases can be complicated and surrounded by unique circumstances. Mediation helps both parties reach an agreeable outcome without meeting in the courtroom. Michael is experienced in personal injury and wrongful death claims, motor vehicle related disputes, insurance company defense for claims of bad faith and statutory violations, construction disputes and product liability claims.
Construction disputes can be resolved outside of a courtroom with the assistance of a mediator to avoid lengthy and costly litigation. Michael has experience in construction related issues including bid disputes, warranty claims, disputes between the owner/developer and contractor or the contractor and subcontractors, and bond and mechanic lien claims/disputes.
Business and contract matters are governed by a set of statutes, the Uniform Commercial Code, that have been adopted by most states; Texas and New Mexico have each adopted some of the articles. Michael can help resolve disputes over alleged UCC violations regarding the sale of goods, secured transactions and title insurance disputes.
Probate issues such as guardianships, will contests and trust disputes can be resolved through mediation. Michael is adept at maintaining neutrality while allowing both parties to present information and likely resolve issues that are unique to probate cases, especially those involving family.
Lawsuits involving the parent / child relationship require the mediator to have special training. Michael not only has this specialized training but has the experience to mediate these cases.
The following forms are used by Michael Shane in his mediation practice.
Mediation Policy Procedure Guidelines