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Mediation

Mediator Profile

Diego Peña and Family Diego J. Peña is an experienced Dallas/Fort Worth Mediator attorney, legally certified to mediate disputes pending in all state courts in Texas. He can mediate disputes in person or virtually—preferably by Zoom. He has mediated disputes in Texas, Maryland and Washington D.C.

His 39 years of experience in representing clients in hundreds of mediations has given him insight into how to resolve disputes. He has mediated disputes involving Fortune 500 corporations, family-owned business, governmental entities, universities, school districts, individuals and labor organizations.

Mediator Specialities Labor & Employment

Workplace disputes have increased in frequency and complexity. Mr. Peña has experience mediating the following labor & employment disputes:

  • Wrongful Termination/Suspension
  • Workplace Discrimination (age, race, sex, religion, gender, sexual orientation and disability)
  • Civil Rights Violations
  • Sexual harassment
  • Hostile Work Environment
  • Retaliation
  • Charges of unfair labor practices under or violations of the National Labor Relations Act
  • Charges or violations under the Railway Labor Act
  • Contract interpretation cases or grievances
  • Failure to Promote
  • FLSA/Compensation (wages, overtime disputes, pay equity claims)
  • ERISA/Benefits (denial of benefits, miscalculation situations)
  • Violations of Trade Secret and Non-Compete Agreements

Mr. Peña has a particular expertise in mediating religious discrimination cases.

Business & Commercial

Business disputes require expertise and patience. Mr. Peña’s corporate experience combined with his mediation background provides special insight that can benefit parties in resolving their differences efficiently and economically. He has experience in mediating the following:

  • Breach of contract disputes
  • Business Defamation Claims
  • Anti-SLAAP (TCPA and Rule 91a) cases
  • Business Corporation Disputes and Dissolution
  • Partnership Disputes and Dissolution
  • Professional Firm Separations/Divorces (e.g., law firms, accounting firms)
  • Covenant Not to Compete/Trade Secrets Disputes
  • Tortious Interference of Business or Contract Claims
  • Employment Agreement Disputes & Executive Complaints
  • Privacy Breaches
  • Consumer Issues & Deceptive Trade Claims
  • Collection Disputes
  • Bankruptcy Matters (Adversary proceedings)
  • Financing/Mortgaging/Borrowing Disagreements
  • Credit Issues

Mr. Peña has a particular expertise in mediating disputes involving non-profit organizations.

Personal Injury, Serious Injury & Wrongful Death Dispute Mediations

Mr. Peña has extensive hands-on litigation and mediation experience dealing with personal injury cases and attendant insurance coverage issues. He can assist parties and litigants in mediating the following kinds of cases:

  • Any serious accident or incident resulting in death or serious physical injury (paralysis, head injury and/or brain trauma)
  • Drunk Drivers/Intoxicated tortfeasor Cases and Fatalities
  • Motor Vehicle Accidents (Automobile, 18-Wheeler)
  • Premises Liability
  • Slip & Falls
  • Toxic Tort or Substance situations.
  • Products Liability
  • Insurance Coverage
School Law & Education Dispute Mediations

Mr. Peña has experience mediating school and education disputes, particularly:

  • Education Discharge/Discipline Cases
  • Contractor Disputes
  • Other school related Disputes
Mediation Philosophy

Mr. Peña’s mediation philosophy is simple: he is a neutral. He never forgets the dispute belongs to the parties. He believes the parties should settle their case—not the mediator. He does not force settlements; he facilitates resolutions. When the parties ask, Mr. Peña provides realistic and honest assessments.

Throughout the mediation process, Mr. Peña listens and asks questions. He is patient and respectful of parties’ positions and arguments. He respects attorneys’ relationships with their clients.

Having represented plaintiffs and defendants, Mr. Peña understands their perspectives. He helps parties and their attorneys see alternative perspectives and find common ground, all the time guiding them towards a possible resolution.

Mediation Associations
  • State Bar of Texas – Member, ADR Section
  • Association of Attorney Mediators
  • Texas Mediator Credentialing Association
  • Texas Association of Mediators
  • Tarrant County Association of Mediators
  • Dispute Resolutions Services of North Texas – Trainer & Volunteer Mediator

Mediation references available upon request.