Panelist Spotlight: Michael A. Hawash, Esq.

Professional Background

I’m a trial lawyer turned full-time neutral with more than three decades of experience in complex commercial disputes—particularly in construction, real estate, and insurance—representing clients on both sides of the bar. In 2017, I founded Hawash Houston Mediation to help parties resolve cases earlier, more economically, and with greater control over their outcomes. 

Over the years, I have mediated more than 600 matters, including cases involving construction defects, design professional malpractice, insurance coverage, first- and third-party insurance claims, partnership and fiduciary disputes, and a broad range of commercial and business controversies. In parallel with my mediation practice, I serve on the AAA’s Commercial and Construction Arbitration Panels, where I frequently mediate disputes that are on the verge of litigation or arbitration. 

Teaching has become an important part of my professional life. I serve as an adjunct professor at the University of Houston Law Center, where I teach Mediation Advocacy, and I regularly guest lecture at the South Texas College of Law and the Frank Evans Center for Dispute Resolution. My teaching and presentations focus on mediation, early dispute resolution, negotiation, and litigation risk analysis—topics that directly inform my work as a neutral. 

I also hold leadership roles in several mediation organizations, including serving as the Chair of the Houston Bar Association ADR Section; a Trustee of the Early Dispute Resolution Institute; and the AAA’s Board Member at the Texas Mediator Credentialing Association. 

Honors that mean a great deal to me include long-standing recognition as a Texas Super Lawyer and membership in the National Academy of Distinguished Neutrals

Path to Mediation 

Early in my litigation career, I saw firsthand how uncertainty, delay, and cost can overwhelm even the strongest cases. That experience convinced me there had to be a better way to resolve disputes—one that preserved fairness and ethics while giving parties back control over timing, cost, and outcome. 

That realization led me to focus on mediation and, ultimately, to align my work with the AAA, an organization I view as central to advancing the integrity and accessibility of private dispute resolution. The AAA’s commitment to neutrality, ethical practice, and process excellence perfectly mirrors my own values as a mediator (and an arbitrator). 

Through my work with the AAA, I’ve been able to combine practical experience with thought leadership—training neutrals, teaching analytical settlement tools, and helping promote early dispute resolution mediation as a disciplined, data-driven alternative to traditional litigation. It’s deeply rewarding to be part of an organization that not only administers fair and efficient processes but also continually raises the bar for professionalism in ADR. 

Role as a Neutral 

What I value most about serving as a mediator with the AAA is the organization’s deep commitment to process integrity—fair, efficient, and ethical resolution grounded in professionalism. That framework allows me to focus on what truly matters: helping parties make informed decisions and regain control over outcomes that seek to avoid the inherent unpredictability of a judge and jury. 

I’m particularly drawn to the AAA’s leadership in education and innovation within the ADR field. Through programs in which I have participated as both an instructor and participant, I have been able to continually sharpen my approach to mediation and reinforce the AAA’s mission to elevate practice standards nationwide. 

On a more practical level, what’s most meaningful for me is witnessing the shift that happens when parties move from confrontation to problem-solving—when they see the process as an opportunity, not necessarily a battleground. 

Legal/Professional Experience in Mediation 

My background as a trial lawyer—first in a defense firm and later as a founding partner of my own plaintiff’s practice—profoundly shapes how I approach mediation. Having spent decades litigating complex commercial, construction, and insurance cases, I understand not only the legal and factual dimensions of disputes but also the emotional and strategic pressures that drive them. That dual perspective, seeing cases from both sides of the bar, enables me to translate positions into interests and guide parties toward realistic, durable resolutions. 

My work as an AAA arbitrator on both the Commercial and Construction Panels complements my mediation practice. It provides firsthand insight into how disputes unfold when settlement opportunities are missed, reinforcing my conviction in the value of resolving cases early. I often draw on that experience to help parties appreciate what lies ahead—procedurally, financially, and emotionally—if they choose to litigate or arbitrate instead. 

In addition, my teaching and writing on early dispute resolution, decision-tree risk analysis, and negotiation strategy have further refined my approach. I use structured analytical tools—developed through years of collaboration with the AAA, the Early Dispute Resolution Institute, and bar associations and law schools nationwide—to help parties evaluate risk objectively and make informed settlement decisions. 

That blend of advocacy experience, adjudicative perspective, and analytical rigor allows me to serve not only as a facilitator of communication but also as a trusted guide through the decision-making process that leads to resolution. 

Mediation Philosophy 

My approach to mediation is grounded in preparation, discipline, and respect for the process. I believe that parties make their best decisions when they have clear, accurate information and a structured opportunity to evaluate their options. My philosophy—what I often describe as a “relentless pursuit of resolution” — combines analytical rigor with empathy and patience. 

Before the session even begins, I focus on ensuring that each party has the information they need to negotiate effectively. I frequently encourage limited pre-mediation information exchange so that discussions can be based on decision-quality data rather than assumptions. Once we’re at the table, I draw on reality testing, decision-tree risk analysis, and non-adversarial questioning to help parties see the strengths and weaknesses of their positions and to explore creative paths forward. 

My collaboration with the AAA has been instrumental in developing and refining these tools. Through AAA programs on impasse management, risk analysis, and early dispute resolution, I’ve had the privilege of working alongside some of the best neutrals in the field, learning and sharing techniques that make mediation more effective for everyone involved. 

Ultimately, I see mediation as a balance of analysis and human connection. The process works when parties feel heard, understand their risk, and trust that the mediator is fully committed to helping them reach closure in a fair, informed, and durable way. 

Memorable Mediation Experiences 

Some of the most rewarding mediations I’ve conducted have been large, multi-party construction or insurance disputes where the odds of early resolution initially seemed slim. In those cases, success often came from careful preparation and the structured use of analytical tools—particularly risk analysis and decision-tree modeling—to help parties see the dispute in a new light. When everyone can visualize potential outcomes with clarity, the conversation naturally shifts from blame to problem-solving. 

One memorable matter involved a technically complex construction project with overlapping design and coverage issues. Tensions were high, and the parties had already invested significant time and resources in litigation. By applying a disciplined, data-driven evaluation of risk, the parties were able to step back from entrenched positions and focus on what they could control, which was resolution. The result was a comprehensive settlement that preserved key relationships and avoided years of additional litigation. 

What stands out most in these experiences isn’t just the outcome, but the process itself—the moment when the parties begin to see the value of negotiation over confrontation. That transformation is why I continue to find mediation especially rewarding. 

Advice to Advocates & Parties 

Prepare, then prepare some more. Draft a focused pre‑mediation brief for the mediator and, where appropriate, share a mediation brief with the other side.  Ensure that key documents are exchanged in advance of the mediation to avoid negotiating in the dark. 

Know your client’s objectives and quantify risk. Come to mediation with a realistic damages range and a frank assessment of probability—use decision trees if that helps your client see the path. What your client wants, needs, and can realistically obtain may be quite different. One of the most common barriers to settlement is unrealistic expectations; when those expectations are grounded in data, good decisions follow naturally. 

Bring authority and agility. Ensure decision‑makers are present and empower them to explore options that take into account the realities of the case that may not necessarily be monetary or based on facts and law applicable to the case. Mediations are often driven by business and relationship interests, as well as the collectability of a judgment or final award. 

Be candid in caucus. Private sessions are where strategic creativity happens; share constraints and priorities so I can help you trade efficiently. 

Mindset matters. Zealous advocacy and zealous problem‑solving are not opposites; great advocates do both. Success in mediation means being a scout and a soldier. 

Evolving ADR Landscape 

Over the past several years, I’ve seen a clear shift in how parties, counsel, and institutions approach mediation. There’s a growing emphasis on early, informed resolution—not just as a cost-saving measure, but as a strategic advantage. Clients are increasingly looking for processes that combine efficiency with fairness. Tools such as virtual mediation platforms, structured risk analysis, and early dispute resolution protocols have transformed how we engage with disputes—especially in complex, multi-party or technically intensive matters. I’ve been fortunate to teach and collaborate through AAA programs on these very topics, helping neutrals and advocates refine their use of analytics and data to support better settlement decisions. 

Another noticeable trend is the shift in party expectations. Today’s I see the future of ADR continuing along that path—earlier engagement, smarter preparation, and a deeper integration of analytical tools—all in service of what has always been mediation’s core purpose: empowering parties to resolve their disputes on their own terms, with fairness and dignity. 

Personal Qualities & Skills 

I’ve always believed that the best mediators combine curiosity, patience, and discipline with a genuine respect for the parties and their counsel. My litigation background taught me the importance of preparation and precision, but mediation has taught me the equal value of listening and empathy. 

Over the years, I’ve worked to cultivate what I consider the essential qualities of an effective neutral: the ability to analyze risk clearly, communicate credibly, and earn the trust of both sides. Whether in a complex, multi-party construction dispute or a high-stakes business matter, those skills—along with persistence and calm under pressure—often make the difference between impasse and resolution. 

My work with the AAA has continually reinforced those qualities. Through AAA training and collaboration with other neutrals, I’ve developed a process-driven approach that balances structure with flexibility and analysis with human understanding. Ultimately, I see the mediator’s skill set as a bridge between law and problem-solving—bringing clarity to conflict and helping parties find their own path forward. 

Beyond Mediation 

Outside of my professional work, I’m deeply passionate about military history—particularly the study of strategy, leadership, and the experience of ordinary people in trying times. Over the past twenty years, I’ve led and participated in battlefield study tours across Western Europe, Eastern Europe, the Mediterranean, Russia,  and, most recently, Vietnam. These experiences have given me a profound appreciation for how context, communication, and human judgment shape outcomes—lessons that resonate deeply with the practice of mediation. 

I also enjoy teaching and writing, whether through university courses, bar association programs, or publications on negotiation, risk analysis, and early dispute resolution. Sharing ideas that help others become more effective advocates and problem-solvers is one of the most rewarding aspects of my career. 

Away from work and teaching, I value time with my family and the simple pleasure of travel, learning, and reflection. Those moments outside the mediation room often provide the balance and perspective that make me a better neutral inside it. 

December 15, 2025

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