After nearly two decades on the bench, including over a decade of service on the Texas Supreme Court, Justice Harriet O’Neill transitioned from the judiciary to private practice, bringing with her a wealth of legal insight and experience. Since founding her own law firm, she has built a respected practice as an advocate, arbitrator, and mediator, handling high-stakes disputes across a broad spectrum of industries—from energy and environmental regulation to intellectual property and complex commercial litigation. With more than 40 years of legal experience and a strong track record in multiparty mediations, Justice O’Neill continues to shape outcomes and influence best practices in dispute resolution.
In this Q&A, she reflects on her journey from the courtroom to the conference table and shares her perspectives on effective advocacy, decision-making, and the evolving role of neutrals in today’s legal landscape.
Q: Can you tell us about your professional background—what led you to mediation, and what areas of law or types of disputes you’ve worked with most frequently?
Harriet: In my 18 years in the Texas judiciary, I served on the trial court, the intermediate appellate court, and finally the Texas Supreme Court, where I remained for nearly 12 years before retiring from the bench in 2010. During that time, my focus was almost exclusively on civil matters and encompassed a broad range of subject areas, including business and commercial disputes, constitutional questions, oil and gas and renewable energy issues, agency regulation, intellectual property and trade secret litigation, personal injury, fiduciary relationships, insurance coverage, jurisdictional disputes, family law, and contract interpretation, to name a few.
Before my election as a judge in 1992, I was certified as a mediator and helped educate judges on this alternative dispute resolution tool. Since my judicial retirement, I have mediated more than 20 cases involving, inter alia, contractual and business disputes and claims related to indemnification, personal injury, defamation, securities investment, legal malpractice, construction, governmental takings, oil and gas, and intellectual property. My subject-matter expertise has broadened further through my work in appellate practice, litigation consulting, and arbitration.
Q: What inspired you to become a mediator, and how did you come to join the AAA’s mediation panel?
Harriet: In the mid-1980s, I was handling protracted litigation and an appeal in a case involving the valuation of stock and an ownership interest in a business when someone suggested we try this “new thing called mediation.” At the time, this form of alternative dispute resolution was still in its infancy in Texas. We went to mediation—and resolved the case. I was hooked. I became part of the second class of certified mediators in Texas and established a successful mediation practice before becoming a judge.
When I returned to private practice in 2010, resuming mediation work felt like a natural fit. Having served as an arbitrator with the AAA for many years, I had seen firsthand the high level of expertise and support provided by its staff and caseworkers. That experience led me to join the AAA’s mediation panel.
Q: What do you find most meaningful or rewarding about your work as a mediator with the AAA?
Harriet: I have been consistently impressed with the resources the AAA provides, as well as the deep commitment, experience, and support of its staff and caseworkers. Most rewarding is the opportunity to apply my experience and collaborative skills to help parties and their counsel resolve disputes on their own terms—avoiding the uncertainty, delay, and expense inherent in litigation. Mediation offers a unique chance to be creative in crafting solutions tailored to the parties’ specific needs. When parties are able to develop workable resolutions, put their dispute to rest, and look ahead to the future, it is deeply gratifying.
Q: How do your previous experiences in legal practice, public service, or another area inform your approach to facilitating resolution between parties?
Harriet: During my tenure on the Supreme Court, I performed a number of administrative and executive duties that required strong interpersonal and collaborative skills. I advocated before the state legislature and members of Congress on budgetary and other matters affecting the judiciary and legal system. As a founding member of—and the Court’s liaison to—the Texas Access to Justice Commission, I conducted strategic planning, oversaw implementation of a long-range plan to improve and expand access to core legal services for low-income individuals, and assisted other states in developing similar commissions.
I also spearheaded the creation of the Texas Supreme Court Permanent Judicial Commission for Children, Youth and Families, aimed at improving court operations and outcomes in the child-protection system. I led due diligence and strategic planning, developed the commission’s structure, and directed multiple projects, including case management technology redesign, judicial and legal training programs, comprehensive studies of system processes and solutions, and legislative team-building and communications initiatives.
These roles required navigating diverse viewpoints to reach consensus on complex issues and processes—a skill set central to successful mediation.
Q: What advice would you offer to parties or their counsel to help them prepare effectively for mediation?
Harriet: Thoroughly and honestly review with your client the strengths and weaknesses of the case, the general and specific risks associated with continued litigation, and the potential expense, delay, and uncertainty that inevitably accompany the pursuit of a final resolution in court. Mediation offers an opportunity to think outside the box and craft creative solutions that can benefit both parties. Help your client distinguish between needs and wants and focus on what they can live with—rather than what might make them happy.
Resume
For more information on Harriet O'Neill's professional background, view her resume.