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Heather McFarlane , Esq.

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    General Biography
    Practice Areas & Industries
    Business Commercial
    Insurance
    Intellectual Property
    Personal Injury
    Professional Liability
    Honors, Memberships, and Professional Activities
    Background and Education

    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.

    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, including breach of contract claims
        • Mediated real estate and commercial disputes, including breach of commercial leases, breach of contract claims 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  dispute arising from an alleged breach of stock purchase agreement  involving 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 complex first-party insurance coverage 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 analysis, risk allocation, indemnity obligations and policy interpretation were essential to resolution
        • As an advocate, handled numerous high-exposure 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, multiparty construction delay and business interruption claim arising from the complete rebuild of a historic Houston hotel, involving 10 parties and significant coverage and allocation issues
    • Intellectual Property
        • Mediated intellectual property disputes between competing consumer product companies involving claims of patent, trademark and trade dress infringement, as well as unfair competition
        • Mediated a high-stakes trademark infringement action between two national hotel chains
        • Mediated copyright  infringement disputes involving musical compositions,  sound recordings, and original sewing and quilting designs
        • Mediated trade secret misappropriation and breach of fiduciary duty  disputes involving allegations against former corporate officers and key employees
        • 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 complex 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  catastrophic personal injury and wrongful death cases involving multiple claimants seeking recovery under limited insurance policy proceeds, including a high-exposure case stemming from a drunk driving accident resulting 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, delay, cost overruns and construction defects
        • Represented broker-dealers in disputes involving claims of unsuitability and excessive trading or churning
        • Represented lawyers in legal malpractice and breach of fiduciary duty 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, 2018–2026
      • National President, 2025–2027
      • President, Houston Chapter, 2021–2026
      • Board of Directors, 2022–2026
    • Houston Bar Association
      • ADR Section Chair, 2021–2022
    • Credentialed Distinguished Mediator, Texas Mediator Credentialing Association, 2021–2022; 2026
    • 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

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    This page is for general information purposes. JAMS makes no representations or warranties regarding its accuracy or completeness. Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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