Litigation Attorney in The Woodlands: Stilwell, Earl & Apostolakis LLP

Trials, Mediation and Arbitration

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Arbitration is a private forum that replaces the judicial system. Instead of going to court to see an elected or appointed judge, the parties submit their dispute to a tribunal. This tribunal might consist of one arbitrator or three, typically governed by the rules of an association. For example, the dispute could be submitted to the American Arbitration Association under their commercial rules or construction rules. The number of arbitrators is determined by the agreement of the parties, and the arbitrator has nearly 100% final say over the outcome. There are limited reasons to challenge the determination of an arbitrator, making their decisions generally final.

While some arbitration forums allow for appeals from one arbitrator to a panel of arbitrators, these appeals do not provide the same appeal rights as those in a courtroom. In a courtroom, if you lose your trial, you can appeal to a board of judges known as a court of appeals. In the arbitration world, you might not even have that option.

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For many years, people said the best thing about arbitration was that it was faster and cheaper. That is no longer true, not just in arbitration in the United States but also worldwide. Having experienced arbitration in various parts of the world, including a case in Hong Kong, it has become evident that arbitration practices tend to emulate local legal systems.

Consequently, arbitration has inherited both the positive and negative aspects of civil court litigation. Instead of offering a notably cheaper and significantly faster process, it might now be somewhat faster but is not notably cheaper. Parties involved in arbitration must bear the cost of an arbitrator, which can amount to twenty or thirty thousand dollars. Additionally, there are the high filing fees paid to the Arbitration Association, ranging somewhere between one thousand and twelve thousand dollars. Furthermore, parties still have to pay their lawyers for all the work involved.

Our lawyers regularly attend court proceedings in various Texas counties at every level of state court (including appeals). Most of our cases are in Montgomery County (The Woodlands and Conroe) and Harris County (Houston), but we regularly take cases in different places around the state. We have extensive trial experience in a variety of civil litigation, mediation and arbitration matters and would be happy to consult with you about your litigation needs. Some of our experience includes:

Business Litigation

Representing business clients in significant legal disputes including breach of contract cases, construction/renovation problems, real estate issues, partnership disputes covenant not to compete litigation, premises liability suits, property damage cases, personal injury actions, contribution and indemnity claims and a variety of other commercial litigation.
Advising corporate clients regarding contract drafting, insurance and indemnification matters.

Probate and Fiduciary Litigation

Litigating every kind of probate, will and trust lawsuit, including: breach of fiduciary duty, will contests, undue influence, lack of testamentary capacity, will forgery, validity of wills or codicils, interpretation of wills and beneficiary designations, issues with pre-marital agreements, improper investments, conflicts of interest, interpretation of charitable bequests, heirship determinations and many other types of will, trust and intestacy disputes. We also handle alternative dispute resolution (like mediation, arbitration and family settlement agreements) related to probate, will and trust matters.
Representing clients involved in multimillion dollar will, trust, estate, common law marriage and community/separate property lawsuits.
Helping beneficiaries and trustees to reform or modify trusts.
Representing and opposing fiduciaries in declaratory actions, removal actions and breach of fiduciary duty suits.
Representing estates that include businesses.

Builder and Developer Litigation

Representing builders and buyers in breach of contract disputes, home defects and misrepresentation/fraud cases in both litigation and arbitration.
Representing major land developers in a variety of disputes relative to development activities in both litigation and arbitration.
Advising builders and developers regarding contractual and insurance matters.
Representing major land developers in deed restriction litigation, easement disputes, negotiations and dealings with HOAs.

Real Estate Litigation

Representing clients in real estate law suits, including interpretation of deeds; breach of sale/purchase agreements; premises liability; adverse possession; foreclosure; establishment or abandonment of easements; drainage, water and riparian rights; nuisance; trespass; determining legal rights; clearing clouded title and liens; boundary disputes; condemnation/eminent domain; trespass to try title and other issues.

Tax Controversy

We can assist with tax controversies before the Internal Revenue Service. The work can range from simple advice, counsel and informal negotiations with representatives of the IRS, to formal adversarial proceedings through the appeals process, to Tax, Federal Appeals Courts and when warranted, the Supreme Court.