Litigation in Texas can be complex, lengthy and expensive. Texas juries, while well meaning, are not predictable. Experienced Texas attorneys know this. Texas attorneys realize that to efficiently resolve their clients’ disputes and cases, it is important to have an experienced neutral who understands the law, understands Texas judges and juries and understands representing clients in courtrooms and in mediation. An effective neutral needs to have compassionate integrity. Diego J. Peña, the founder of the Peña Arbitration & Mediation Group is an experienced attorney and neutral who possesses compassionate integrity. He is a seventh generation Texan whose office is in the Dallas/Fort Worth area.
Since 1983, Mr. Peña, a Dallas Fort Worth mediation lawyer, has represented individuals, small businesses, and Fortune 500 companies as plaintiffs and defendants in Texas state and federal courts, in arbitration hearings and in mediation. He has successfully argued cases before Texas judges and juries. A former member of the Texas Judicial Council, he knows and understands the litigation and mediation process very well.
He has extensive litigation experience, having handled the following kinds of cases: wrongful death, motor vehicle accidents, labor & employment, malpractice, premises liability, construction, oil & gas, insurance and business disputes. He also has appellate experience, having appeared, briefed and argued before state and federal appellate courts, including the Supreme Court of Texas and the United States Supreme Court.
Mr. Peña is a member in good standing of the State Bar of Texas. He is a member of the Dallas Bar Association, the Tarrant County Bar Association, the Arlington Bar Association and the San Antonio Bar Association. He is a former president of the San Antonio Williams Sessions American Inns of Court Chapter and is a Sustaining Fellow for the Texas Bar Foundation and San Antonio Bar Foundation. He is also a member of the Tarrant County Association of Mediators and is credentialed by the Texas Mediator Credentialing Association.
He is AV rated by Martindale-Hubbell—the highest possible rating for a lawyer—and has earned awards for his representation of indigent clients.
He currently serves as an arbitrator on the Federal Mediation & Conciliation Service (FMCS) Labor Panel and on the American Arbitration Association (AAA) Employment Panel. He also serves as a public arbitrator for FINRA.
Mr. Peña effectively leverages his extensive litigation and arbitration experience into his mediation practice. He is legally certified under the Texas Civil Practices & Remedies Code to mediate all manner of cases including:
Labor & Employment Cases
Few neutrals have Mr. Peña’s extensive litigation and arbitration experience in labor & employment matters. He has litigated employment discrimination cases of all kinds in Texas state and federal courts and has tried more than eighty-five labor arbitrations—grievances arising out of a collective bargaining agreement. He also has handled complicated labor issues with the National Labor Relations Board arising under the National Labor Relations Act. He also has experience with the EEOC, the Texas Commission on Human Rights and the Texas Workforce Commission. Mr. Peña also has experience dealing with compensation and benefits claims arising under the FLSA, the Texas Pay Day Act and ERISA.Business, Commercial & Real Estate Disputes
Throughout his career as a Dallas Fort Worth mediation attorney, Mr. Peña has represented individuals, small family owned businesses and Fortune 500 corporations in various kinds of contractual, business and real estate disputes. He understands the challenges these disputes place on businesses and for that reason he works hard to work out practical resolutions. He has experience with contractual issues, trade secret disputes, privacy breaches, unfair competition claims, tortious interference claims, insurance coverage questions, real estate disputes and consumer litigation.Oil & Gas Disputes
The resurgence of the oil & gas industry in Texas has rekindled disputes between mineral estate owners, neighbors, developers, energy companies, investors, banks and others. Mr. Peña has litigated oil & gas disputes in Texas state courts and has experience dealing with the Texas Railroad Commission. He is qualified to assist parties resolve royalty disputes, trespass claims, drainage disputes, breach of fiduciary claims and other claims arising out of energy and oil and gas disputes.Wrongful Death & Personal Injury Cases
Mr. Peña has represented plaintiffs and defendants in wrongful death and serious personal injury cases. His experience representing both sides in these cases provides him with a balanced understanding of the challenges associated with these disputes. He truly believes that most wrongful death and personal injury cases can be settled. He will proactively—but compassionately—work the parties to obtain a mutually satisfactory resolution.Construction Case & Disputes
Construction cases in Texas can involve a myriad of issues and complexities: contract and warranty issues, defective materials or workmanship concerns, design questions, negligent supervision or oversight, material or mechanics liens, architectural negligence, regulatory violations, safety issues, and possible risk management questions. Mr. Peña has experience with the full range of the construction dispute process from the initiation of a claim, pre-litigation, mediation, litigation, and appeal. His experience with the construction process provides him insight on how to assist parties resolve their construction disputes.Family & Probate Disputes
Family disputes—whether the in the context of a divorce or a probate proceeding—are expensive and divisive. The financial and emotional cost to families is high. For this reason, Mr. Peña knows and understands that it’s in the families’ best interest to resolve these disputes efficiently, compassionately and thoroughly. While these kinds of cases may be difficult to settle, Mr. Peña believes parties can resolve these disputes with the assistance of a compassionately patient mediator. He will proactively assist the parties to see the strength and weaknesses of their claims and guide them towards resolving their dispute.
Mr. Peña believes that neutrals must possess compassionate integrity to be effective. This means listening and treating all parties and their attorneys with respect and dignity.
As a mediator, Mr. Peña will compassionately guide the parties towards a workable resolution. He is a pro-active Dallas Fort Worth mediation attorney who will carefully leverage each side’s factual and legal strengths and weaknesses in a positive manner to facilitate a workable settlement.
If you are in need of a skilled mediation attorney in the Fort Worth area, please consider the Peña Arbitration & Mediation Group. We are also available for arbitrations and mediations needs in Dallas or any other location in Texas. We’ll be happy to discuss your unique dispute resolution needs.