Preston C. Goodwin

Preston Goodwin was born in Houston, Texas, August 11, 1946, and grew up in the Houston/Galveston area, graduating from Texas City High School in 1964. After attending Lamar University in Beaumont, Texas, for three years majoring in history, he entered law school at the University of Houston in the fall of 1967. After completing his first year of law school he received his Bachelor of Science degree from Lamar University in August, 1968.

Upon graduation he entered the Air Force, and was commissioned in February, 1969. After serving for four years, including a tour of duty in the Republic of Vietnam for which he was awarded the Bronze Star Medal for meritorious service, Preston was honorably discharged with the rank of Captain.

After receiving his Doctor of Jurisprudence degree from the Bates College of Law in August, 1974, he was licensed to practice law in October, 1974, and entered the general practice of law as a sole practitioner in Houston in 1974. During this time he began to develop a practice with an emphasis on commercial litigation.

In March, 1979, Preston became Director of the Voter Registration Division of the Office of the Secretary of State in Austin, Texas. While with the Secretary of State's Office, he served as Acting Deputy General Counsel and as Deputy Director for Administration for the Elections Division. Since leaving the Secretary of State's Office in 1981, Preston has authored and edited two volumes on the election laws of Texas entitled, "A Guide to Texas Election Laws (for Laymen and Lawyers)".

From May 1981, through October 1985, Preston practiced with DeLange, Hudspeth, Pitman and Katz in Houston, Texas, with an emphasis on commercial litigation, real estate litigation, labor law, creditor's bankruptcy, and mechanic's and materialman's lien law. From October 1985, through February 1992, he practiced with the firm of Hagerman & Seureau in Spring, Texas, with an emphasis on commercial, real estate, lender liability, and bankruptcy litigation; mechanic's lien law; and appellate practice.

Preston has been a partner in the firm of Goodwin & Harrison, L.L.P., since April, 1992, with an emphasis on commercial litigation, mechanics & materialman’s lien law, construction litigation, real estate litigation, and business litigation and practice.

Preston is licensed to practice law in the courts of the State of Texas, the United States District Courts for the Southern, Northern, and Eastern Districts of Texas, and the United States Fifth Circuit Court of Appeals. Preston holds a Certificate as a civil mediator under the program established in the Texas Civil Practice & Remedies Code. He is a member of the State Bar of Texas, the Commercial Law League of America, the Texas Land Title Association, the Fifth Circuit Bar Association, and the Texas Mediators Credentialing Association.

Preston has been active in making presentations to business groups on the mechanics’ and materialmen’s lien laws and how they affect their businesses.

Preston and his wife, Jean, live in The Woodlands. Their daughter, Melanie, is an event planner in the San Francisco Bay area.

A Brief Outline of the Mediation Process

Every mediation is different, just as every dispute and every party is different, with all having some basic similarities.

The Preparation Prior to the beginning of the mediation, the mediator will usually want to review information from the parties and/or their attorneys. This information will usually include information from the Confidential Mediation Information Statement and operative pleadings if there is pending litigation.

Utilizing the information received, the mediator can better determine the best way to proceed in the mediation.

The Process The mediator will introduce himself, the parties, and counsel; and give a brief explanation of the process. The parties will be given an opportunity to explain their position to the other parties and the mediator. The parties may be given an opportunity to pose questions to the other parties, at the discretion of the mediator.

The parties will be encouraged by the mediator to develop different perspectives as to the dispute and alternative solutions to the dispute. During this period, the mediator may continue the joint session, or may choose to have the parties go into separate sessions or “caucuses.”

The Conclusion After the parties have explored the various possibilities for resolving the dispute, and come to a resolution, the mediator will work with the parties and their counsel to formulate a Memorandum of Understanding, a Settlement Agreement or a Rule 11 Agreement that embodies the terms developed and agreed to by the parties.

This Agreement will be submitted by the mediator to the Court.

Should the parties not be able to reach a settlement, the mediator will notify the court only that the case did not reach a settlement with no other information.

After the Mediation The mediator will continue to be available to the parties to discuss settlement possibilities even though the matter may not have settled during the mediation; and will assist the parties, if any problems arise in finalizing details of the settlement

327 Rayford Road, Suite 110

Spring, TX. 77386

Phone:  281-363-3136

Fax:      281-363-3215

Email:   [email protected]