A trial has a winner and a loser, but a successful mediation brings peace.
With over 20 years of combined mediation and litigation experience, Mr. Hernandez is uniquely qualified in providing creative solutions and strong guidance to the mediation process.
Learn More
Winning strategies bring resolution to simple and complex disputes.
Personal Injury (Federal and State Court)
- Disputes involving medical malpractice claims against individual health care providers and institutions in a variety of medical specialties, and claims based on the denial of insurance coverage
- Mediated cases involving claims of negligence in trucking cases
- Mediated wrongful death claim involving the proper diagnosis and treatment by nurses and physician treatment in the care of a new born
- Mediated slip and fall cases
- Mediated multiple automobile liability cases
- Mediated the distribution of a stipulated fund to compensate multiple victims of automobile accident
- Mediated the distribution of settlement award in multi party death case
- Mediated dispute involving carrier’s alleged denial of insurance coverage for bodily injury claims auto accident
- Mediated dispute involving carrier’s denial of insurance coverage under insurance agreement with trucking accident
Real Estate Law (Federal and State Court)
- Disputes involving commercial and residential property transactions, including sales agent liability, land use and zoning issues, environmental-related claims, real property sales contracts, commercial lease disputes, homeowner association’s regulation of property rights, including the application of homeowner association’s covenants, conditions and restrictions
- Mediated breach of a commercial land development agreement, including claims for rescission, fraud, and breach of implied covenant of good faith and fair dealing
- Mediated claim for release of purchaser’s deposit, including the unpaid portion of the deposit, based on purchaser’s failure to timely close on the property
- Mediated complex property development and management dispute in involving land use and zoning issues, breach of contract and fiduciary duty claims, and claim for lost profits after construction contract terminated
- Mediated franchise agreement dispute in the telecommunication industry involving breach of contract, fraud and fraudulent inducement issues
- Arbitrated the application of home owner’s association bylaws in dispute involving refusal to permit the implementation of homeowner’s building plans
- Mediated claim against insurance carrier for losses incurred as a result for fire damage to residence
- Mediated dispute between national mortgage company and property owner regarding failure to properly administer the payoff of home mortgage loan
Business and Commercial Litigation (Federal and State Court)
- Disputes involving sale of commercial products, personal services, franchises, multiple contract issues
- Mediated disputes between franchisor and franchisee involving claims of unfair competition and fraud
- Mediated disputes between businesses involving claims of misrepresentation and false advertising
- Mediated breach of contract claim between school district and contractor involving construction project
- Mediated claims involving breach of joint marketing agreement between cable services provider and retailer
- Mediated shareholders’ dispute between doctors concerning dividend payments and proper evaluation of the price per member’s share
Employment Law (Federal and State Court)
- Disputes involving claims of retaliatory discharge and whistleblowing, claims of discrimination based on age, disability, gender, pregnancy, national origin, race, sexual orientation, violations of the FMLA, Title VII, ADA, ADEA, and contract actions based on the failure to pay bonuses, commissions, and severance involving a wide variety of businesses and organizations, including the government, private and nonprofit domestic and international associations, and health care industry personnel and companies
- Mediated sexual harassment and defamation claim against multinational oil filed company
- Mediated disability discrimination claim and failure to accommodate against publicly traded company
- Mediated wrongful termination claim brought by executive director against hospital
- Mediated claim alleging breach of employment contract, wrongful termination and violation of the FMLA brought by senior employee against corporation engaged home health care company
- Mediated same-sex sexual harassment and constructive discharge claim against employee’s supervisor in oil refinement industry
- Mediated sexual harassment and retaliation in violation of Title VII
- Mediated in wrongful termination claim and workers compensation retaliation/discrimination
- Arbitrated and Mediated numerous matters involving both contract employees and at will employment claims and claims based on employee handbook provisions
Insurance Law 1st Party Matters (Federal and State Court)
- Mediated disputes involving first party claims involving storm damage
- Mediated breach of contract involving insurance agreement released to storm damage to residential and commercial buildings
- Mediated case involving parties’ alleged violations of state and federal consumer protection law, breach of contract, and tortious interference with contract
- Mediated case involving 1st Party Bad Faith Claims against major insurer
Consumer Matters (Federal and State Court)
- Disputes involving claims of fraud, mortgage- related disputes, violations of the Truth in Lending Act, Federal Fair Credit Billing Act, Federal Debt Collection Payment Act, Telephone Consumer Protection Act, Magnuson–Moss Act involving truck sales, the Consumer Protection Act, Section 59.1-204(A), and the UCC, Section 8.9i(A)
- Mediated breach of a franchise agreement in the telecommunications industry, including claims of fraud and fraudulent inducement
- Mediated case involving parties’ alleged violations of state and federal consumer protection law, the Fair Debt Collections Practice Act, breach of contract, and tortious interference with contract
- Mediated case against major bank and lending institution based on claim it failed to properly account for claimant’s full mortgage payment
- Mediated cases involving real estate broker, buyer and seller in multiparty contract disputes
Daniel M.L. Hernandez
Daniel M.L. Hernandez is a certified mediator. Mr. Hernandez became a certified mediator in August 1997 from Texas A&M University. He has 20 years of combined experience litigating and mediating cases. While his offices are in Central and South Texas he will travel across the state. Mr. Hernandez has mediated cases all over Texas.
Mr. Hernandez has had an active trial practice with the main focus being civil litigation, representing individuals, companies and nonprofits as both Plaintiff and Defendant. He still maintains his active trial practice and that relevant experience as a trial lawyer serves him and all parties well in his mediation practice. As a consequence of his civil litigation experience, he has developed a “niche” as an effective mediator.
His mediation caseload includes personal injury, real estate law, business law, employment law, insurance law (1st party storm cases), contract disputes and business litigation of all types. Mr. Hernandez has distinguished himself from others in the field by his preparation – knowing the case prior to the date of mediation.
Mr. Hernandez utilizes his specialized set of skills derived from serving as a Federal law clerk, ln House Counsel attorney for the largest telecommunications company in the world and a litigator. He has participated in numerous trials, mediations, and arbitrations as both Plaintiff counsel and Defense counsel.
- J.D., Syracuse University
- M.A., Foreign Relations, Syracuse University
- B.A., Business Management, Texas A&M University
Admissions
- United States District Court
- Northern, Southern, and Eastern Districts of Texas
Mediation
Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
Mediation leaves the decision power totally and strictly with the parties. The mediator does not decide what is “fair” or “right,” does not assess blame nor render an opinion on the merits or chances of success if the case were litigated. Rather, the mediator acts as a catalyst between opposing interests attempting to bring them together by defining issues and eliminating obstacles to communication, while moderating and guiding the process to avoid confrontation and ill will. The mediator will, however, seek concessions from each side during the mediation process.
At the outset of a mediation process, the mediator may well seek agreement from the parties to forbear from litigation during the mediation process and to hold everything that is said in the various sessions confidential and not deemed an admission or used against any party in any other proceeding if mediation fails.
Mediation generally begins with a joint session to set an agenda, define the issues and ascertain the position and/or concerns of the parties. This allows the parties to attack the resolution process either on an issue-by-issue or group-by-group basis.
The joint session is then followed by a separate caucus between the mediator and each individual party or their counsel. This allows each side to explain and enlarge upon their position and mediation goals in confidence. It also gives the mediator an opportunity to ask questions which may well serve to create doubt in an advocate’s mind over the validity of a particular position.
Mediation Rules
1. Definition of Mediation:
Mediation is a process during which an impartial, neutral person, the mediator, facilitates communication between the parties in a dispute to assist reconciliation, settlement or understanding among them. The mediator may suggest ways of resolving the dispute but may not impose his own judgment over the issues for that of the parties.
2. Agreement of Parties:
The parties involved in the mediation of the dispute agree to a set of rules for mediation by their signatures (Parties and attorneys will be asked to sign prior to mediation session).
3. Consent to Mediator:
The parties consent to the appointment of the individual named as mediator in their case. The Mediator may not, and will not, act as an advocate for any party to the mediation.
4. Conditions Precedent to Serving as Mediator:
The mediator must have successfully completed a 40-hour course in basic mediation prior to conducting a civil mediation. The mediator shall not serve as mediator in any dispute in which he has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the Mediator shall disclose any circumstance likely to create a presumption of bias or prevent a prompt meeting with the parties. In the event that the parties disagree as to whether the Mediator shall serve, the Mediator shall 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 by the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to 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. Arrangements for obtaining such advice shall be made by the Mediator or the parties, as the Mediator shall determine.
6. Commitment to Participate in Good Faith:
While no one is asked to commit to settle his/her 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 for settlement, will use every effort to facilitate the negotiations of the parties. The Mediator does not warrant nor represent that settlement will result from the mediation process.
8. Authority of Representatives:
Each party’s representative agrees that he or she has authority to settle the dispute involved in the mediation and that all persons necessary to the decision to settle shall be present at the mediation.
9. Time and Place of Mediation:
Daniel M.L. Hernandez shall coordinate the time of each mediation session. The mediation shall be held at the offices of the Daniel M.L. Hernandez, or any other convenient location agreeable to the Mediator and the parties, as the Mediator shall determine.
10. Identification of Matters in Dispute:
If requested, prior to the first scheduled mediation session, each party shall use his or her best efforts to provide the Mediator and all attorneys of record with an Information Sheet and Request for Mediation on the form provided by Daniel M.L. Hernandez, setting forth their position(s) with regard to the issues that need to be resolved.
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 with the consent of the Mediator.
12. Confidentiality:
Confidential information disclosed to a Mediator by the parties or by witnesses in the course of the mediation shall not be divulged by the Mediator. All records, reports, or other documents received by a Mediator while serving in that capacity shall be confidential. The Mediator shall not be requested or compelled to produce or divulge such records or to testify in regard to the mediation in any adversarial proceeding or judicial forum. Any party that violates this agreement shall pay all fees and expenses of the Mediator, and other parties, including reasonable attorneys’ fees, incurred in opposing the efforts to request or compel testimony or records from the Mediator. The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial or other proceeding: a) views expressed or suggestions made by another party with respect to a possible settlement of the dispute. b) admissions made by another party in the course of the mediation proceedings; c) proposals made or views expressed by the Mediator; or d) the fact that another party had or had not indicated willingness to accept a proposal for settlement made by the Mediator.
13. No Stenographic, Audio, or Video Record:
There shall be no stenographic record, tape-recording, or video-taping of the mediation process.
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 or upon any person entering, attending, or leaving the session.
15. Termination of Mediation:
The mediation shall be concluded: a) by the execution of a settlement agreement by the parties; b) by declaration of the Mediator to the effect that further efforts at mediation are no longer worthwhile; or c) by a written or verbal declaration of a party or parties to the effect that the mediation proceedings are terminated.
16. Exclusion of Mediator:
The Mediator is not necessary or proper parties in judicial proceedings relating to the mediation.
17. Interpretation and Application of Rules:
The Mediator shall interpret and apply these rules.
18. Fees and Expenses:
If applicable, the expenses for witnesses for either side shall be paid by the party producing such witnesses. All other expenses of the mediation and the expenses of any witness and the cost of any proofs or expert advice produced at the direct request of the Mediator, shall be borne equally by the parties unless they agree otherwise.
19. Parties to Rely on Own Counsel:
If the mediation is concluded by a settlement agreement, the parties are advised to have the agreement independently reviewed by their own attorney and counsel before executing the agreement in final form. The parties understand and agree that the Mediator is not acting as an advocate for any party and each party states that they have not relied upon advice or counsel from the Mediator in entering into the settlement agreement.
Call Us:
(956) 369-4480
Se Habla Español