FN-2123294 MN-2123294 LN-2123294, Esq.
Attorney, Arbitrator, Mediator
Tyler, Texas
Healy Law Offices, P.C.
Attorney, Arbitrator, Mediator
Attorney, Healy Law Offices, P.C., 2010-present; Shareholder and Attorney, Healy, Milne & Associates, P.C., 2006-2010; Shareholder, On Track Training, Inc. (firearms instruction), 2006-2008; Self-employed firearms instructor, 2008-present; Shareholder and Attorney, Healy Law Offices, P.C., 1998-2006; Instructor, Business Law, Tyler Junior College, 1997-1998; Shareholder and Attorney, Healy & Hester, P.C., 1995-1998.
Began practicing law in East Texas in 1993. Experience includes jury trials, numerous bench trials and contested hearings, and representation of clients in mediation, arbitration, negotiation, and other arenas. In addition to litigation and dispute resolution, has a considerable amount of experience representing businesses, nonprofit organizations, and individuals in transactional matters. This includes drafting and reviewing numerous contracts, corporate documents, and providing advice to clients in various matters.
Served as National Corporate Counsel for American Mensa and as Legal Counsel for the Texas Junior Chamber of Commerce and Texas Young Republican Federation. For approximately 10 years, has been a member of the State Bar College, an organization comprised of the best-educated lawyers in Texas.
For more than 25 years, has represented general contractors, subcontractors, owners, and employees in construction cases. They include both residential and commercial projects, and both private projects (lien claims) and public works projects (bond claims). With the increasing popularity of ADR, many of these cases involved arbitration. Concealed Handgun Instructor. NRA-Certified Instructor and Training Counselor. Private Pilot.
Served as National Corporate Counsel for American Mensa and as Legal Counsel for the Texas Junior Chamber of Commerce and Texas Young Republican Federation. For approximately 10 years, has been a member of the State Bar College, an organization comprised of the best-educated lawyers in Texas.
For more than 25 years, has represented general contractors, subcontractors, owners, and employees in construction cases. They include both residential and commercial projects, and both private projects (lien claims) and public works projects (bond claims). With the increasing popularity of ADR, many of these cases involved arbitration. Concealed Handgun Instructor. NRA-Certified Instructor and Training Counselor. Private Pilot.
Became involved in mediation in 1995, serving as a volunteer for the Smith County Bar Association's Settlement Week program. Has mediated over 300 cases covering a range of issues, including a variety of civil cases; real estate disputes; enforcement and amendment of restrictive covenants; contract disputes; construction cases; personal injury, property damage, and subrogation cases; claims of breach of fiduciary duties and deceptive trade practices; family matters such as divorces, child custody disputes; and cases involving alleged abuse and neglect of children.
The amounts and matters in controversy range from simple equity disputes to claims of hundreds of thousands of dollars. Has also successfully resolved controversies over matters considered priceless by the disputants, such as custody and access to children, termination of their parental rights, and professional reputation concerns. Continues to provide pro bono mediation services through the Settlement Week program.
The amounts and matters in controversy range from simple equity disputes to claims of hundreds of thousands of dollars. Has also successfully resolved controversies over matters considered priceless by the disputants, such as custody and access to children, termination of their parental rights, and professional reputation concerns. Continues to provide pro bono mediation services through the Settlement Week program.
Examples of matters successfully resolved include:
-Construction: A dispute that held up the closing on a home purchase, successfully resolved by an agreement for the purchaser to make partial payment (some of which was placed in escrow to ensure satisfactory completion), the contractor to complete a punchlist and release its lien, and the realtor to reduce her commission.
-Probate: A probate case involving alleged breach of fiduciary duties, successfully resolved with a cash settlement.
-Real Estate/DTPA: A case in which the sellers of a home were accused of committing deceptive trade practices by concealing the fact that the home was prone to flooding.
-Personal Injury: A multiparty tort case which involved claims that the injuries prevented one plaintiff from continuing as a college basketball player. This case successfully settled with separate cash settlements to each plaintiff.
-Personal Injury: A multiparty tort case with two insurers and three litigants, successfully settled with separate cash payments and indemnity agreements.
-Personal Injury: A personal injury case, successfully resolved with a cash settlement.
-Employment Discrimination: A wrongful termination case with a corporate defendant, individual defendant, and an insurer, with claims of racial discrimination and harassment, age discrimination, violation of the ADA and ADEA, retaliation, assault, and negligence, successfully resolved with a cash settlement.
-Real Estate: A dispute involving real estate that was successfully resolved with a complex agreement requiring partition of a tract of land and conveyance of one portion of it, with a leaseback arrangement, in exchange for cash and other consideration.
-Divorce/Property Division: A divorce which was successfully resolved by an agreement that the division of cash assets would be determined on a sliding scale depending on the appraised value of two tracts of land.
-Child Abuse/Neglect: A complex case initiated by the state, seeking termination of parental rights based on allegations of abuse and neglect. The parties included the mother, two different fathers, a grandmother and aunt, the state, court appointed special advocates, and three attorneys (some parties were pro se). This matter was successfully resolved by a contingent agreement, imposing various conditions depending on whether the parents completed a set of specific conditions. It also contained separate provisions governing each child.
-Child Abuse/Neglect: A case initiated by the state, seeking termination of parental rights based on the state's allegation of a criminal enterprise exploiting children. After a long, involved mediation, the case was successfully resolved when both parents agreed to relinquish their parental rights.
-Construction: A dispute that held up the closing on a home purchase, successfully resolved by an agreement for the purchaser to make partial payment (some of which was placed in escrow to ensure satisfactory completion), the contractor to complete a punchlist and release its lien, and the realtor to reduce her commission.
-Probate: A probate case involving alleged breach of fiduciary duties, successfully resolved with a cash settlement.
-Real Estate/DTPA: A case in which the sellers of a home were accused of committing deceptive trade practices by concealing the fact that the home was prone to flooding.
-Personal Injury: A multiparty tort case which involved claims that the injuries prevented one plaintiff from continuing as a college basketball player. This case successfully settled with separate cash settlements to each plaintiff.
-Personal Injury: A multiparty tort case with two insurers and three litigants, successfully settled with separate cash payments and indemnity agreements.
-Personal Injury: A personal injury case, successfully resolved with a cash settlement.
-Employment Discrimination: A wrongful termination case with a corporate defendant, individual defendant, and an insurer, with claims of racial discrimination and harassment, age discrimination, violation of the ADA and ADEA, retaliation, assault, and negligence, successfully resolved with a cash settlement.
-Real Estate: A dispute involving real estate that was successfully resolved with a complex agreement requiring partition of a tract of land and conveyance of one portion of it, with a leaseback arrangement, in exchange for cash and other consideration.
-Divorce/Property Division: A divorce which was successfully resolved by an agreement that the division of cash assets would be determined on a sliding scale depending on the appraised value of two tracts of land.
-Child Abuse/Neglect: A complex case initiated by the state, seeking termination of parental rights based on allegations of abuse and neglect. The parties included the mother, two different fathers, a grandmother and aunt, the state, court appointed special advocates, and three attorneys (some parties were pro se). This matter was successfully resolved by a contingent agreement, imposing various conditions depending on whether the parents completed a set of specific conditions. It also contained separate provisions governing each child.
-Child Abuse/Neglect: A case initiated by the state, seeking termination of parental rights based on the state's allegation of a criminal enterprise exploiting children. After a long, involved mediation, the case was successfully resolved when both parents agreed to relinquish their parental rights.
A sculptor once said his job was easy: "I just take the stone and remove everything that's not a statue." A mediator's job is just as easy: All he has to do is look at a case and help the parties see the settlement. Mr. Healy firmly believes almost every case can and should be settled.
The mediator must first make sure all parties understand the process. Then the actual work begins as the parties and lawyers educate the mediator and each other about the facts, their needs, and the nature of the dispute. Written mediation statements can help, but the parties need a chance to state their views aloud. Usually this can be done by a joint session, to save time and to allow each party to see that everyone is listening to them. The opening sessions should be informal and nonconfrontational, and the mediator should be listening carefully to distinguish between each party's wants and needs. Any settlement will have to meet each party's needs, or the case won't settle.
Facilitative: In some cases the mediator can act as a facilitator. A facilitative mediation is based on the question, "What do we need to do to settle this case?" The mediator may guide the process, and his actions may determine whether the case is settled or not, but the parties control the outcome. This often happens when the parties seem to be moving toward a consensus during the opening session, and it is up to the mediator to sense this and take advantage of it. By the end of the discussion the mediator may be a "mere scrivener," writing down the parties' agreement. In tougher cases the case will not settle without the mediator's help in closing that gap.
Evaluative: In other cases the mediator helps the parties evaluate the strengths and weaknesses of their claims. An evaluative mediation is based on the question, "If we went to court, who would win?" The mediator controls the process and influences the outcome, but has to allow the parties to determine the ultimate outcome. Many lawyer/mediators are comfortable with this method, because it is so similar to traditional negotiation. One disadvantage is that by acting as "devil's advocate," pushing each party to make concessions by arguing the other side, the mediator can alienate the parties. A skillful mediator can use provocative questions to get the attorneys and parties to do the actual evaluation. Sometimes it helps to separate the parties so they don't have to publicly admit the weaknesses of their cases, but this process is inherently confrontational. This simple, straightforward approach works with some disputes, but it is simply not appropriate to settle some cases.
Transformative: In some mediations the parties have an ongoing relationship, and they can benefit by transforming and improving that relationship. The focus of a transformative mediation is to empower the parties and helping them understand each other's needs, viewpoints, and interests. This can actually mean more to the parties than simply settling the current dispute. But this approach cannot be forced on parties who are unwilling or uninterested in the other party's needs. Another disadvantage to this approach is that is less goal-oriented than the other approaches, so the end result may not result in a settlement.
Other Approaches: In some situations none of the standard methods will work by itself. This is where a great mediator truly shines. An adequate mediator will try one approach, giving up if it does not produce a settlement. A good mediator will try his favorite approach, shifting to another if it does not work, then shifting to a third if that one does not work. A great mediator must use his perception, his creativity, and his experience to determine the best approach for each case, then use that approach to close the deal, always being ready to change tactics if necessary. Some cases require a mixture of techniques. Others may need a creative approach to find a path to settlement.
The mediator must first make sure all parties understand the process. Then the actual work begins as the parties and lawyers educate the mediator and each other about the facts, their needs, and the nature of the dispute. Written mediation statements can help, but the parties need a chance to state their views aloud. Usually this can be done by a joint session, to save time and to allow each party to see that everyone is listening to them. The opening sessions should be informal and nonconfrontational, and the mediator should be listening carefully to distinguish between each party's wants and needs. Any settlement will have to meet each party's needs, or the case won't settle.
Facilitative: In some cases the mediator can act as a facilitator. A facilitative mediation is based on the question, "What do we need to do to settle this case?" The mediator may guide the process, and his actions may determine whether the case is settled or not, but the parties control the outcome. This often happens when the parties seem to be moving toward a consensus during the opening session, and it is up to the mediator to sense this and take advantage of it. By the end of the discussion the mediator may be a "mere scrivener," writing down the parties' agreement. In tougher cases the case will not settle without the mediator's help in closing that gap.
Evaluative: In other cases the mediator helps the parties evaluate the strengths and weaknesses of their claims. An evaluative mediation is based on the question, "If we went to court, who would win?" The mediator controls the process and influences the outcome, but has to allow the parties to determine the ultimate outcome. Many lawyer/mediators are comfortable with this method, because it is so similar to traditional negotiation. One disadvantage is that by acting as "devil's advocate," pushing each party to make concessions by arguing the other side, the mediator can alienate the parties. A skillful mediator can use provocative questions to get the attorneys and parties to do the actual evaluation. Sometimes it helps to separate the parties so they don't have to publicly admit the weaknesses of their cases, but this process is inherently confrontational. This simple, straightforward approach works with some disputes, but it is simply not appropriate to settle some cases.
Transformative: In some mediations the parties have an ongoing relationship, and they can benefit by transforming and improving that relationship. The focus of a transformative mediation is to empower the parties and helping them understand each other's needs, viewpoints, and interests. This can actually mean more to the parties than simply settling the current dispute. But this approach cannot be forced on parties who are unwilling or uninterested in the other party's needs. Another disadvantage to this approach is that is less goal-oriented than the other approaches, so the end result may not result in a settlement.
Other Approaches: In some situations none of the standard methods will work by itself. This is where a great mediator truly shines. An adequate mediator will try one approach, giving up if it does not produce a settlement. A good mediator will try his favorite approach, shifting to another if it does not work, then shifting to a third if that one does not work. A great mediator must use his perception, his creativity, and his experience to determine the best approach for each case, then use that approach to close the deal, always being ready to change tactics if necessary. Some cases require a mixture of techniques. Others may need a creative approach to find a path to settlement.
University of Kansas (BA, Psychology and Communications-1988; JD-1992). Tyler International School of Aviation, Private Pilot (2001).
Admitted to the Bar: Texas, 1993, Kansas, 1992; U.S. District Court, Eastern District of Texas, 1992, District of Kansas, 1992.
Smith County Bar Association; State Bar of Texas.
Author, "The Legal Guide to NFA Firearms and Gun Trusts," book published 2016.
Frequent author and speaker on firearms law, NFA trusts, mediation, negotiation, and other topics.
"The Great Quriltai of 1206: How Genghis Khan Would Have Organized a Political Event," TYRF CONVENTION MANUAL, 2004; "Nothing But Mill-Arkey," SHOTGUN NEWS, May 20, 2004 (subscribed version), and June 7, 2004 (newsstand version), and in the Neal Knox Firearms Coalition Alerts e-mail list, also published in TALK ABOUT TEXAS, TYRF Newsletter, Summer 2004.
SPEAKING ENGAGEMENTS: "How to Dominate the Texas Jaycees' Legislative Seminar," Tyler Jaycees, June 14, 2007; speech in favor of revising firearm ordinance, Tyler City Council, March 28, 2007; untitled speech to Star of Texas Republican Women's Club (Texarkana), as NRA EVC, October 24, 2006; training session with Judge Carole Clark for CASA volunteers and staff, February 27, 2006; "Packin' Heat in the Lone Star State and Assorted Other Tidbits," Lorman Firearms law seminar, November 30, 2005; "The Hi-Tech Family Lawyer," SCBA Family Law Workshop 101, October 28, 2005; "Safety Briefings to Texas CAP Group 7," September 24, 2002, November 9, 2004, and June 2, 2005; testimony to Texas Senate Criminal Justice Committee in favor of HB 823 (reforming handgun laws), May 12, 2005; "Packin' Heat and Runnin' Guns: Transporting and Transferring Firearms," presentation and paper for State Bar of Texas CLE seminar, "What Every Texas Lawyer Needs to Know about Firearms Law," October 29, 2004; "State and Federal Gun Laws," Texas State Rifle Association Annual Meeting, February 7-8, 2004; "Dodging the Bullet: Simple Steps to Avoid Grievances and Malpractice Claims in Gun-Related Cases," CLE seminar to Navarro Co. Bar Association, January 22, 2004.
Frequent author and speaker on firearms law, NFA trusts, mediation, negotiation, and other topics.
"The Great Quriltai of 1206: How Genghis Khan Would Have Organized a Political Event," TYRF CONVENTION MANUAL, 2004; "Nothing But Mill-Arkey," SHOTGUN NEWS, May 20, 2004 (subscribed version), and June 7, 2004 (newsstand version), and in the Neal Knox Firearms Coalition Alerts e-mail list, also published in TALK ABOUT TEXAS, TYRF Newsletter, Summer 2004.
SPEAKING ENGAGEMENTS: "How to Dominate the Texas Jaycees' Legislative Seminar," Tyler Jaycees, June 14, 2007; speech in favor of revising firearm ordinance, Tyler City Council, March 28, 2007; untitled speech to Star of Texas Republican Women's Club (Texarkana), as NRA EVC, October 24, 2006; training session with Judge Carole Clark for CASA volunteers and staff, February 27, 2006; "Packin' Heat in the Lone Star State and Assorted Other Tidbits," Lorman Firearms law seminar, November 30, 2005; "The Hi-Tech Family Lawyer," SCBA Family Law Workshop 101, October 28, 2005; "Safety Briefings to Texas CAP Group 7," September 24, 2002, November 9, 2004, and June 2, 2005; testimony to Texas Senate Criminal Justice Committee in favor of HB 823 (reforming handgun laws), May 12, 2005; "Packin' Heat and Runnin' Guns: Transporting and Transferring Firearms," presentation and paper for State Bar of Texas CLE seminar, "What Every Texas Lawyer Needs to Know about Firearms Law," October 29, 2004; "State and Federal Gun Laws," Texas State Rifle Association Annual Meeting, February 7-8, 2004; "Dodging the Bullet: Simple Steps to Avoid Grievances and Malpractice Claims in Gun-Related Cases," CLE seminar to Navarro Co. Bar Association, January 22, 2004.
No charge for mediations conducted in Smith County, Texas.
$225 Per Hour
English
United States of America
Tyler, TX
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
