Heather McFarlane, Esq., is a mediator with a background in complex commercial litigation and extensive trial experience in both state and federal courts. Ms. McFarlane brings more than 15 years of mediation experience and over two decades of litigation practice to her ADR work, supported by more than 500 hours of focused mediation training.

Ms. McFarlane’s mediation practice encompasses a wide range of matters, including complex commercial disputes, corporate governance and dissolution, negligence, insurance coverage, professional liability, trade secrets and intellectual property. Known for her thoughtful and thorough preparation, she is adept at mastering the details of each matter and developing a strong understanding of the parties involved. Guided by a deep commitment to party self-determination, she listens attentively to facilitate the expression of each perspective, helps parties explore all available options and fosters mutual understanding by translating issues across differing viewpoints. Her approach supports the goal of achieving creative and lasting resolutions.

Prior to focusing on mediation, Ms. McFarlane practiced law at Fulbright & Jaworski LLP (now Norton Rose Fulbright), where she gained early trial experience in significant civil matters. She later joined Morgan, Lewis & Bockius LLP as part of a team focused on intellectual property and complex commercial litigation for Fortune 100 companies. In 2010, she established her own firm, where she continued litigating and began developing her mediation practice.

Throughout her career, Ms. McFarlane has represented both plaintiffs and defendants, individuals and corporations, and has appeared before state and federal courts at the trial and appellate levels, including the U.S. Court of Appeals for the Fifth Circuit, the Federal Circuit and the United States Supreme Court.

Representative Matters

• Business Commercial

• Mediated numerous complex, high-conflict shareholder oppression and business divorce disputes, including the dissolution of law firms, engineering and architecture firms, spas, restaurants and hotels
• As a mediator, facilitated the valuation of intellectual property, future business relationships and intangible assets, enabling a collaboratively structured and equitable separation
• Mediated multiparty international commercial disputes involving cross-cultural and multilingual parties
• Mediated cases involving real estate, including breach of commercial leases, and cases involving mechanic’s and materialman's liens
• Mediated cases involving a broad range of parties, including governmental agencies, closely held businesses, publicly traded entities, individuals and nonprofit organizations
• Arbitrated a case arising from an alleged breach stock purchase agreement for a construction company
• As an advocate, handled dozens of corporate governance disputes at both the trial and appellate levels involving boards of directors, LLC members and business partners; several matters involved religious nonprofit organizations where the parties' fundamental values were at stake
• Insurance

• Mediated dozens of first-party insurance disputes, including claims under life, commercial general liability, homeowners and automobile policies
• Mediated commercial and personal injury third-party disputes where a deep understanding of insurance coverage, risk allocation and policy interpretation were essential to resolution
• As an advocate, handled numerous first-party insurance coverage matters involving directors and officers, employment practices liability, professional liability and builders risk policies, with experience representing both insurers and policyholders
• Represented an insurer in a complex construction delay claim arising from the complete rebuild of a historic Houston hotel, involving 10 parties
• Intellectual Property

• Mediated intellectual property disputes between competing consumer product companies involving claims of patent, trademark and trade dress infringement
• Mediated trademark infringement action between two national hotel chains
• Mediated copyright claims related to musical compositions and recordings, as well as original sewing and quilting designs
• Mediated a trade secret and breach of fiduciary duty case involving allegations against a former corporate officer
• Represented oil services companies in a patent infringement litigation concerning downhole and communications technology
• Represented architects in a copyright infringement dispute involving residential design plans
• Represented both employees and employers in trade secret misappropriation cases
• Personal Injury
• Mediated a wide range of product liability matters, including claims involving industrial equipment used in manufacturing and oil production, as well as consumer products such as lawn mowers, ladders, tires and household furniture
• Mediated complex personal injury cases involving multiple claimants seeking recovery under a single insurance policy, including a high-stakes case stemming from a drunk driving accident that resulted in the death or serious injury of six senior citizens on a bus outing from their assisted living home
• Mediated a multiparty assault case involving six student parties and an alleged assault in a university dormitory setting
• Mediated hundreds of automobile accident cases, including both third-party liability and first-party insurance disputes
• Professional Liability

• Mediated professional liability claims against architects and engineers involving allegations of defective design
• Represented broker-dealers in disputes involving claims of unsuitability and excessive trading or churning
• Represented lawyers in legal malpractice actions
• Represented engineers and architects in a complex construction litigation involving delay claims and allegations of design and workmanship defects

Honors, Memberships, and Professional Activities

• Member, Association of Attorney-Mediators, 2018–2025
• National President, 2025–2026
• President, Houston Chapter, 2021–2025
• Board of Directors, 2022–2025
• Houston Bar Association
• ADR Section Chair, 2021–2022
• Credentialed Distinguished Mediator, Texas Mediator Credentialing Association, 2021–2022
• Member, ADR Section, State Bar of Texas
• Member, Section of Dispute Resolution, American Bar Association

Background and Education

• Early Dispute Resolution Institute (training to facilitate early dispute resolution), 2021
• Family Mediation Certification (36-hour certificate), A.A. Dispute Resolution Center, University of Houston Law Center, 2021
• Program on Negotiation, Advanced Mediator Training: Mediating Complex Disputes, Harvard Law School, 2019
• J.D., With Honors, University of Texas School of Law, 1998
• Completed and/or taught over 100 hours of continuing legal education courses in mediation