Orgain, Bell, & Tucker’s offices in downtown Houston and Beaumont, Texas provide a convenient forum for arbitrations and mediations.
Mediation
A core principle of mediation is that the parties ‘control’ the outcome, rather than it being imposed upon them. The mediator will facilitate dialogue and communication between the parties in a structured way assisting them to reach a voluntary settlement. The mediator has no decision making power so the dispute is resolved on the parties’ own terms.
Mediation is a flexible, speed and confidential process that can be used to resolve a wide variety of disputes. The goal of this non-binding procedure is to reach an enforceable agreement resolving a dispute.
Arbitration
Arbitration has become widespread, both within the United States and internationally. To meet this demand, Orgain, Bell & Tucker offers arbitration services in a variety of forms, under various sets of rules. Our arbitration service seeks to provide some benefits of arbitration—speed, confidentiality, cost-efficiency, customization, and enforceability—while also offering the benefits of litigation—appropriate discovery and principled decision making based on law.
Parties requiring efficient dispositions of major and complex disputes will find arbitration at Orgain, Bell & Tucker, an effective vehicle for accomplishing those objectives, thereby avoiding unnecessary costs and uncertainties. The role of an arbitrator is similar to that of a judge, though the procedures can be less formal than in a courtroom. In addition to maintaining high ethical standards of conduct required of arbitrators and the highest quality of performance, prompt and effective case management is one of the goals of our arbitration services.
Arbitration & Mediation Services at Orgain, Bell & Tucker
Michael Truncale uses his background as a trial lawyer in state courts throughout Texas and in the federal courts in the Eastern, Southern, and Northern Districts of Texas, to be an effective arbitrator and mediator.
He has handled cases as a mediator, arbitrator, or litigator involving various aspects of commercial litigation, including:
- Intellectual property, including trademark infringement and patent cases,
- Environmental law,
- Insurance litigation, including good faith and fair dealing claims and coverage issues,
- Construction litigation,
- Class action litigation,
- Oil royalty litigation,
- Real estate transactions,
- Pipeline right of way and easements,
- Admiralty and maritime matters,
- Offshore oil platform incidents,
- Governmental liability,
- Products liability,
- Premises liability,
- Mass torts and toxic torts,
- Oil field litigation,
- Healthcare liability,
- Transportation, and
- Various appellate matters.
In his ADR practice, Michael received a Diploma in International Arbitration from the Chartered Institute of Arbitration (CIArb), and he was made a Fellow in the CIArb. He serves on the Advisory Board for the Institute of Transnational Arbitration of The Center for American and International Law. Michael has been placed on the list of Energy Law Arbitrators for the Institute for Energy Law of the Center for American and International Law, the Advisory Board of the Institute for Transnational Arbitration, and has become a member of the Houston International Arbitration Club and the Houston Bar Association ADR Section. He is also listed as an arbitrator and mediator by the International Chamber of Commerce (ICC) and Federal Arbitration, Inc.
In 1992, Michael secured a Certificate in Mediation from the A. A. White Dispute Resolution Center, which was then associated with the South Texas College of Law in Houston (and is now associated with the University of Houston). That Certificate qualified Michael to be appointed by Texas courts as an impartial third party, pursuant to Tex. Civ. Prac. & Rem. Code 154.054, et. seq.
Professional Involvement
Michael has lectured in England and across the United States on effective trial techniques, case evaluation and successful mediation strategies. He gave a lecture on the American court system and litigation procedures at the China-U.S. Judicial Cooperation Summit in Beijing sponsored by the China Collaborative Innovation Center of Judicial Civilization. He also presented a lecture on environmental law at the U.S.-China Food Safety and Environmental Protection Judicial Symposium sponsored by the Jiangsu Provincial Higher People’s Court and the Changzhou Intermediate People’s Court. He participated in the first mock patent jury trial in the history of China at China University of Political Science and Law in Beijing, China.
Since 2004 he has served as a contributing author of the State Bar of Texas on Pattern Jury Charges – Malpractice, Premises, and Products Liability as published by the State Bar of Texas. He is a member of the College of the State Bar, and he maintains memberships in the Texas Association of Defense Counsel, the Defense Research Institute, and the American Bar Association. He serves on the Commercial Transportation Litigation Committee of the American Bar Association.
Michael was appointed by Senator John Cornyn and Senator Ted Cruz to the Federal Judicial Selection Committee. This committee interviews applicants for appointments to the United States Fifth Circuit Court of Appeals, U.S. District Courts throughout Texas, and United States Attorneys in each of the four districts in Texas. He was appointed previously to this committee by Senator Kay Bailey Hutchison. He also chaired the Federal Magistrate Selection Committee for the federal courts in the Eastern District of Texas. For four consecutive terms, he represented Jefferson, Galveston, Chambers, Liberty, Montgomery (The Woodlands), and Northeast Harris (Houston) Counties on the State Republican Executive Committee.
Michael serves currently as the President of the Eastern District Bar Association. He is the former President of the Michelle Mehaffy Inn of Court, and he is a recent President of the Jefferson County Bar Association. Michael also served as the President of the Jefferson County Young Lawyers Association, and he was a member of the Alumni Advisory Council to the Southern Methodist University School of Law. He is a former Chair of the Local Bar Services Committee of the State Bar of Texas, and he served on the Law Focused Education Committee of the Texas Young Lawyers Association. Michael is widely recognized for his leadership and involvement in civic, cultural, and religious organizations in Southeast Texas.
Recognized Achievement:
Michael is Board Certified in Civil Trial Law by the National Board of Legal Specialty Certification and in Personal Injury Trial Law by the Texas Board of Legal Specialization, has the Martindale-Hubbell A/V Preeminent peer review rating. He has been recognized by Super Lawyers, a Thompson Reuters publication, from 2007 to 2015. Michael is a Fellow of the Litigation Counsel of America, a trial lawyer honorary society and is a Fellow of the Texas Bar Foundation.
Michael successfully defended Texaco Pipeline Company in litigation relating to the 1994 fires and floods on the San Jacinto River that created the largest inland petroleum spill in United States history. The National Law Journal recognized this case as one of the top ten defense verdicts of 1997. In addition to trial work, he has handled a number of significant appellate matters.
Prior to becoming an attorney, Michael earned a MBA in finance and worked as a financial analyst for the Mercantile National Bank of Dallas—the fifth largest bank in Texas at that time. Based upon his background in finance and law, Governor Rick Perry appointed Michael to serve as a Regent for the Texas State University System.
Educational Background:
Michael received his law degree from Southern Methodist University School of Law in 1985, where he was the President of the Student Bar Association and a Moot Court instructor. He was graduated with high honors from Lamar University in 1978 with a degree in economics, where he was elected to Phi Kappa Phi. He earned a master’s degree in Business Administration in Banking and Finance from the University of North Texas in 1980.