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The Association of Attorney-Mediators ("AAM") was originally founded by the late Steve Brutsché in 1989.  The first AAM members were a self selected group of attorneys who had a minimum tenure in the practice of law, who had completed a training course consisting of instruction and observation of experienced mediators, who had conducted required pro bono mediations, and whose background had been carefully screened.  These same requirements remained in place for subsequent and now are in place for new AAM members, as well as minimum annual continuing education and experience requirements for all members to maintain proficiency and quality.

AAM's creation was the result of the inception of mediation by professional attorney-mediators in Texas, where the first two areas to embrace the process were Dallas and Houston.  Therefore, in order to understand AAM's origin the birth of mediation by private attorney-mediators must be included.  The practice and use of mediation as we know it today really began in Dallas in 1989, followed by Houston in 1990.  Along with Steve Brutsché, the selfless efforts of a handful of individuals, judges, and the Dallas Bar Association resulted in the introduction of mediation, and AAM was incorporated by Steve Brutsché on September 21, 1989 for the new mediators to join and to preserve and protect the movement.

The recollections of these pioneers are generally in accord with regard to the sequence of events, but the interesting and distinguishing factor is that they each came to commit themselves to institutionalizing professional attorney-mediators from different perspectives and backgrounds.  A brief look at some recollections by these stalwarts helps explain how the process came into being. 

Judge Gary Hall was the first judge in Dallas to use mediation in his Court.  Judge Hall remembers attending judicial conferences in 1986 and 1987 where speakers would deliver speeches to the judges about using ADR.  He observes, "There was no ADR.  They kept talking about something that didn't exist."  In 1988 Judge Hall, who was known for his interest in ADR, was asked to cooperate with the Dallas Bar Association in organizing Dallas' first Settlement Week.  After the first meeting with representatives from the Dallas Bar Association, Judge Hall remembers attending Fort Worth's  first Settlement Week.  While observing two mediations, he became actively involved in the process resulting in the settlement of one case and the parties were close to settlement in the other.  From this experience, Judge Hall discovered "the power of mediation", and that "not only was mediation fast and efficient, it made people extremely happy".

The Dallas Bar Association decided to postpone sponsoring a settlement week for 1988 and to continue studying the prospect.  After his experience in Fort Worth's Settlement Week, Judge Hall decided to continue his efforts and forge ahead with a settlement week in Dallas.  With the help of Les Weisbrod, Grant Seabolt, and many attorney volunteers, Judge Hall inaugurated Dallas' first Settlement Week.  The attorneys, who volunteered to be mediators were given a brief introduction and instruction on the mediation process.  Judge Hall notes that the primary emphasis was on making the attorneys and their clients comfortable with the mediation process.  Dallas' first Settlement Week in 1988 was very successful.   

After the 1988 Settlement Week, Judge Hall knew that mediation was a process that should be a cornerstone of our court system.  However, he feared it might never happen because there was little leadership.  In addition, at that time the Dallas Bar Association endorsed attorneys performing pro bono mediations at the county funded dispute resolution center, Dispute Mediation Service, but did not endorse a concept of compensated private attorney-mediators.  Although there were attempts to use ADR in our courts, "there were no success stories".  Judge Hall concluded that "unless the trial lawyers became part of the mediation process - both as mediators and users - court annexed mediation would never become a reality."  To expedite matters, Judge Hall, "with the help of a courageous Charles Guittard", sent a letter to all trial lawyers with lawsuits pending in Dallas County.  The letter asked if they would be interested in becoming mediators and being compensated for their efforts.  Judge Hall said the response was overwhelming.  "Everyone wanted to become a mediator, but no one wanted to use mediation." 

About that time, Judge Hall "discovered Steve Brutsché - the mediator".  He recalls Steve coming into his chambers and saying that he had received extensive mediation training and that he was "dedicating his life to mediation".  As they discussed the role of mediation in the courts, it became obvious to Judge Hall that their views were virtually identical.  Judge Hall and Steve Brutsché agreed to bring a high quality mediation process into the courts.  Judge Hall remembers that their agreement was based on the idea of "giving", and that he gave the influence of his judicial position to Steve as a window of opportunity to bring mediation into the courts.  In return, Steve agreed to give away his "trade secrets" and train other attorneys to become mediators.  Judge Hall views this agreement and alliance with Steve Brutsché as the formation of the attorney-mediator movement in Dallas.

Initially, Judge Hall had to "sell" the idea of mediation to attorneys during court hearings.  "Attorneys did not believe in mediation.  They considered mediation a fairy tale."  During each hearing, Judge Hall would ask the attorneys if it were possible to settle their lawsuit that day, would they settle it?   After much prodding, attorneys would reluctantly agree that they would settle their case that day if it were possible.  Judge Hall would then ask the attorneys whether they would consider mediation.  Invariably the attorneys would say, "What?"  He would then ask the attorneys if their case could be settled through mediation on that day, would they consider it?  The attorneys would reluctantly agree.  At that point, Judge Hall would place a telephone call to Steve Brutsché and allow Steve to talk to the attorneys by speaker phone in his chambers.  This call allowed Steve to "close the sale" and "to bond with the attorneys".  Judge Hall remembers that in most cases he  would receive notice a few days later that the case had settled in mediation.

Judge Hall remembers Judges Joe Fish and Mark Whittington as among the first judges to use mediation.  He recalls Jeff and Lila Abrams convincing Judge Fish and Steve Brutsché persuading Judge Whittington.  Judge Hall recalls a luncheon at the Bradford Hotel in 1989 for the Dallas judges where Steve Brutsché advocated the use of mediation.  He remembers his docket of pending cases being used by Steve to illustrate the effect of mediation to other judges.  Judge Hall also believes the 1989 Dallas Bar Poll may have influenced other judges because Judge Hall's use of mediation had not negatively affected his Dallas Bar Poll ratings.

In June 1989 Judge Hall, Steve Brutsché, Jeff & Lila Abrams, Jay Madrid, Grant Seabolt and Charles Guittard helped with the first Dallas Bar Association sponsored mediation training.  With this training, a pool of qualified attorney-mediators was available by the Fall of 1989 when the Dallas Bar sponsored its first Settlement Week using the newly trained attorney-mediators as volunteers.  Most of the Courts began to incorporate mediation, and the movement became established.  The Dallas Bar sponsored another training in the Fall of 1989, and sponsored training in 1990 and 1991.

Judge Hall observes that in the formative stages, "The part I was most proud of was that the people involved in the training had nothing to gain.  Everyone had something to lose."  Always a pioneer and a visionary, Judge Hall regrets that the present direction is to mediate disputes outside the courts.  "Courts have become too expensive and time consuming to use."  He dreams of a system where all citizens can find inexpensive and prompt justice.  Judge Hall still hopes "to make dispute resolution within the American courts the best ADR system in the world."   

The second locale in the State for mediation to take hold and for AAM train mediators was Houston, and Gary McGowan was pivotal to the movement's success.  In the Fall of 1989 Gary McGowan met Steve Brutsché in Dallas.  Gary had left his law firm, and was taking time off as well as looking at various opportunities.  He had heard of mediation, and a mutual friend in Dallas (Greg Huffman) mentioned Steve and the mediation activity in Dallas, and introduced them.  Gary, as all who knew Steve would echo, describes Steve as "inspirational" and "motivational".

Steve arranged for Gary McGowan to take mediation training with the second class in Dallas in the Fall of 1989.  He remembers Mike Amis as his group leader.  When he came back to Houston, he ran into Nancy Atlas who had heard that he was going to start a mediation practice.  Nancy told Gary that she was interested in mediation also, and set up several lunches with Houston judges early in 1990.  Gary remembers that he and Nancy initially talked with Judges Wood, Cochran and Trevathan and prepared a bench book with form orders modeled after the Dallas bench book.

Gary recalls that the judges he and Nancy visited with were interested in the possibilities of mediation, and decided that he needed to open his office in March of 1990.  He remembers that at that time he was the first full time mediator in Houston.  Alvin Zimmerman was doing some mediations on a part time basis, and U.S. Arbitration and Mediation had previously been in business but was inactive.  At that time, Houston Dispute Resolution Center ("DRC") had lay and pro bono mediation for community disputes, and the Courts used a moderated settlement conference presentation to  a panel which issued advisory opinions - which had limited use and limited success.

Gary McGowan and Nancy Atlas organized a training session in March, 1990 at which Judge Frank Evans gave an introduction, and where the faculty was Steve Brutsché and Courtenay Bass from Dallas.  Gary recalls:

"Steve, of course, had said the first time I met him that in order for mediation to be successful down here we needed a pool of qualified mediators so that judges would not be sensitive to charges of cronyism in referring cases to one or two mediators and ultimately there was going to be such a volume that you would need a lot of mediators...so Nancy and I got together and hand picked about 8 or 9 people to go through the first training...unlike Dallas, we did not go through the Bar Association.  I was not a bar politician, neither was Nancy.  ...We also decided not...to try to get all the judges in agreement on using mediation.  ...Let the judges try and if they started having success it would spread."

Included in that first class along with Nancy Atlas were Tommy Proctor, Mark Glasser, Don Hawbaker, Michael Wilk, and Alvin Zimmerman.  Between the two class days, Gary McGowan hosted a party at his house for all the trainees and others interested in mediation which was also attended by Steve Brutsché and 5 or 6 Houston judges.  Mark, Don, and Tommy also assisted in converting Houston judges to the mediation process.

Gary McGowan's own mediation practice development speaks volumes about his success in Houston.  He recalls that he finished his pro bono requirements in March, and:

   "I was starting to get some orders in but I had not conducted any mediations.  I conducted no mediations in March.  April I conducted 1, May I conducted 4 or 5 and then from June on it was pretty much full time - as many as I could handle."

Gary submitted lists of mediators to the judges as the mediators  were trained.  There was a second training session in July.  He remembers,  "I think we had about 13 people on this second session.  Steve came down again...so our list started growing.  We went from 9 or 10 to more than 20 on the list."  All of the mediators were presented to the judges as being AAM trained, and members of AAM.  He recalls:

"Those judges had a high degree of confidence in our list and we were getting good results for them and it just grew and grew. ...Then in the Fall of 1990 there was a Judicial Conference...in San Antonio.   ...Alan Levin arranged to have Steve and me speak to the Harris County delegation at the judicial conference in San Antonio.  ...Already there was a tremendous amount of talk about how well it worked, I mean Judge Wood, Sharolyn Wood, who sent me my first mediation was like a missionary for mediation.  She just thought it was great."

In the Fall of 1990, Nancy Atlas and Gary met with several federal judges in Houston.  Nancy played a critical role in persuading Judges Hittner and Lake to try mediation.  In January of 1991, Judge Hittner signed 100 mediation orders.  Early in 1991 Houston became a separate AAM Chapter, and Gary McGowan its first president.         

Charles Guittard is a prominent member of the Dallas Bar Association, where among many other posts he served as Chair of the Business Litigation Section and as a Director.  He associates the beginning of AAM with the inception of mediation in Dallas, and characterizes AAM as "the really nice development that occurred to kind of keep it [mediation] in place - kind of preserve and enhance the movement in Dallas." 

Charles analyzes the beginning of mediation as stemming from five different sources or influences: