Brent Stanfield’s Bio
Brent Stanfield is known for his exceptional expertise in resolving complex disputes. An alumnus of the University of Nebraska school of law, Brent embarked on his legal career with a passion for facilitating amicable resolutions. Although Brent believes in the legal process, two decades of experience in litigation has made it clear that there are benefits of allowing parties to control their own destiny rather than putting their fate into the hands of 12 jurors. Having honed his skills over the years, he has been an active figure in the legal landscape of Houston and The Woodlands, Texas since 2006. With an extensive practice that spans nearly two decades, Brent has consistently demonstrated his prowess in navigating the intricacies of law and conflict resolution.
Throughout his career, Brent Stanfield has been a catalyst for successful negotiations, leveraging his vast knowledge across diverse legal domains. His track record boasts a remarkable array of accomplishments, including litigating dozens of cases through trial and settling of hundreds of cases. Brent’s proficiency spans virtually every area of civil litigation, from breach of contract to matters like trademarks, breach of fiduciary duty, and fraud claims. His insight extends to areas as varied as personal injury, business conflicts, real estate transactions, and construction law. With an ability to distill complex legal matters into pragmatic solutions, Brent continues to help resolve disputes by understanding the issues, needs, and desires of the parties and helping to explain clear solutions resulting in parties being able to choose excellent outcomes.
RULES FOR MEDIATION
1. Definition of Mediation. Mediation is a process under which an impartial person, the mediator, facilitates communications between the parties to promote reconciliation, settlement or understanding among them. The mediator may suggest ways of resolving the dispute but may not impose his own judgment on the issues for that of the parties.
2. Agreement of Parties. Whenever the parties have agreed to mediation, they will be deemed to have made these rules, as amended and in effect as of the date of the submission of the dispute, a part of their agreement to mediate.
3. Consent to Mediator. The parties consent to the appointment of the individual named as mediator in their case. The Mediator will act as an advocate for resolution and will use his best efforts to assist the parties in reaching a mutually acceptable settlement.
4. Conditions Precedent to Serving as Mediator. The Mediator will only serve in cases in which the parties are represented by attorneys. The Mediator will not serve as a mediator in any dispute which he has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the Mediator will disclose any circumstance likely to create a presumption of bias or prevent a prompt settlement with the parties. In the event that the parties disagree as to whether the Mediator will serve, the Mediator will not serve.
5. Authority of Mediator. The Mediator does not have the authority to decide any issue for the parties but will attempt to facilitate the voluntary resolution of the dispute of the parties. The Mediator is authorized to conduct a joint and separate meeting with the parties and offer suggestions to assist the parties achieve settlement. If necessary, the Mediator may also obtain expert advice concerning technical aspects of the dispute, provided that the parties agree and assume the expenses of obtaining such advice. Arrangement for obtaining such advice will be made by the Mediator of the parties, as the Mediator will determine.
6. Commitment to Participate in Good Faith. While no one is asked to commit to settle their case in advance of mediation, all parties commit to participate in the proceedings in good faith with the intention to settle, if at all possible.
7. Parties Responsible for Negotiating Their Own Settlement. The parties understand that the Mediator will not and cannot impose a settlement in their case and agree that they are responsible for negotiating a settlement acceptable to them. The Mediator, as an advocate to settlement, will use every effort to facilitate the negotiations of the parties. The Mediator does not warrant or represent that settlement will result from the mediation process.
8. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION TO SETTLE WILL BE PRESENT. The names and addresses of such persons will be communicated in writing to all parties and to the Mediator.
9. Time and Place of Mediation. The Mediator will fix the time of each mediation session. The mediation will be held at the office of the Mediator, or at any other convenient location agreeable to the Mediator and the parties, as the Mediator will determine.
10. Identification of Matters in Dispute. Prior to the first scheduled mediation session, each party will provide the Mediator with an Information Sheet and Request for Mediation on the form provided by the Mediator setting forth its position with regard to the issues that need to be resolved.
At or before the first session, the parties will be expected to produce all information reasonably required for the Mediator to understand the issues presented. The Mediator may require any party to supplement such information.
11. Privacy. Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and the consent of the Mediator.
12. Confidentiality. Confidential information disclosed to a Mediator by the parties or the witnesses in the course of the mediation will not be divulged by the Mediator. All records, reports, or other documents received by a Mediator while serving in that capacity will be confidential. The Mediator will not be compelled to divulge such records or testify in regard to the mediation in any adversary proceeding or judicial forum. Any party that violates this agreement will pay all fees and expenses of the Mediator and other parties, including reasonable attorney’s fees, incurred in opposing the efforts to compel testimony or records from the Mediator.
13. No stenographic record. There will be no stenographic record of the mediation process and no person will record any portion of the mediation session.
14. No Service or Process at or near the site of the Mediation Session. No subpoenas, summons, complaints, citations, writs or other process may be served upon any person at or near the site of any mediation session upon any person entering, attending or leaving the session.
15. Termination of Mediation. The mediation will be terminated: a) by the execution of a settlement agreement by the parties; b) the declaration of the Mediator to the effect that further efforts at mediation are no longer worthwhile; or c) after the completion of one mediation session, by a written declaration of a party or parties to the effect that the mediation proceedings are terminated.
16. Exclusion of Liability. The Mediator is not a necessary or proper party in judicial proceedings relating to the mediation.
17. Interpretation and Application of Rules. The Mediator will interpret and apply these rules.
18. Fees and Expenses. The Mediator’s daily fee will be agreed upon prior to mediation and will be paid in advance of each mediation day. The expenses of witnesses for either side will be paid by the party producing such witnesses. All other expenses of the mediation, including fees and expenses of the Mediator, and the expenses of any witness and the costs of any proofs or expert advice produced at the direct request of the Mediator will be borne equally by the parties unless they agree otherwise.
FEE CRITERIA FOR MEDIATION SERVICES
The process of mediation works best when all parties have shared in the payment of the mediation fee. Fees are customarily charged on the basis of a flat fee, per side. A full day mediation may begin at 9:00 a.m. or earlier, include a working lunch, and continue until completed. Weekends are available for mediation if requested by the parties or required by scheduling limitations. If the mediation session occurs on a weekend, an extraordinary charge of $500.00 is allocated between the parties to cover additional expenses.
Of particular difficulty is a situation where a mediation is cancelled within ten (10) days of the date when it is scheduled. This prevents the day being rescheduled and results in the loss of that time. For that reason, the canceling party will be charged $350 for the cancellation of a half-day mediation and $700 for a full day mediation.
All parties represented by the same attorney or law firm are considered a single “party” for purposes of the mediation fee. The daily fee includes:
Scheduling and administering the session(s); Pre-mediation attorney conferences; Review of all written materials provided; Conducting the mediation session(s); Lunch (Full Day Conference Only) and refreshments for all present; Word processing, copies and facsimile transmissions; Assistance in preparation of settlement memorandum; Post-session telephone facilitation
FLAT RATE PROFESSIONAL FEES FOR TWO-PARTY MEDIATIONSHalf-day sessions (4 hours) via Zoom ……………………………………..$700.00 per party
Half-day sessions (4 hours) in person ………………………………………$800.00 per party
Full-day sessions (8 hours) via Zoom ………………………………………$1,400.00 per party
Full-day sessions (8 hours) in person ……………………………………… $1,600.00 per party