Arbitration is an informal and binding form on conflict resolution. It is often less expensive and more expeditious than going to trial. Parties who agree to enter into an arbitration allow their case to be heard by an arbitrator who will render judgment on the case.
Mediation is a form of conflict resolution that allows the parties to come to an agreement that is mutually beneficial. Rather than allowing a judge or a jury to make a decision in the case the parties hire a mediator who assists the parties in making a deal. This allows the parties to maintain a relationship with each other after the dispute is resolved because neither party feels that they have been taken advantage of when the mediation finishes.
It is pricey and time consuming to take a dispute to court. 97 to 98% of all cases filed never make it to court, this is because they are settled in pre-trial alternative dispute resolution. Many cases are settled in negotiations between the parties without the assistance of any person other than their attornies. When this is not possible the parties may use mediation or arbitration to resolve their disputes.
"Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser, in fees, expenses, and waste of time. As a peacemaker, the lawyer has a superior opportunity of being a good man. There will still be business enough."
- President Abraham Lincoln
Dan has mediated and arbitrated numerous commercial and employment disputes involving contract terms and conditions, delays, and design defects, many with high value claims.
Dan is a member of the AAA Commercial, Employment, and Mediation Panels, and has served on single and three-member panels involving employment, commercial, domestic and international disputes.
Dan has served six years on local governance committee, and six years with the Commission for Lawyer Discipline, on which he has had oversight on all ethical dispute concerning attorneys in Texas
Forty years of experience practicing in Texas as an attorney and U.S. Magistrate Judge.
Nearly thirty years of experience as an arbitrator and mediator.
As a U.S. Magistrate Judge, he conducted evidentiary hearings and requests for injunctive relief voir dire, civil juries; reviewed federal administrative agency decisions; presided over civil pre-trial hearings, including personal injury, medical malpractice, products liability, contract disputes, education law, employment law, construction law, labor law, and securities law issues.
As a member of both the Executive Committee and Board of Directors of the San Antonio Sports Foundation, assisted in providing logistical support, coordination, and facilitation services for such local, regional, national, and international events as the U.S. Olympic Festival (1993), NAIA Swimming and Diving Championships (1995), U.S. National Senior Sports Classic V (1995), NCAA Final Four (men – 1998), and the Pan-American Games (2007 Finalist Entry).
Adjunct Professor of Law at St. Mary’s University School of Law, teaching Alternative Dispute Resolution.
Attorney, Private Practice, 1967—present
Adjunct Professor of Law, St. Mary’s University School of Law, 1998—present
Part-time U.S. Magistrate Judge, Western District of Texas, 1981—1989
Captain, Office of Special Investigations, OSI, United States Air Force, (Honorable Discharge).