Why Lawyers Should Think Differently About Mediation feat. Felicia Harris Hoss

11 minutes ago

3 min read

Felicia Harris Hoss is an attorney, mediator, and arbitrator who transitioned from litigation to helping parties resolve disputes more efficiently. In this episode, Felicia shares why early dispute resolution deserves more attention, how mediation can help clients save time and money, and why lawyers should recognize that successful advocacy doesn't always require a courtroom.

About This Episode

Background

Felicia Harris Hoss built her legal career in litigation, working on trial teams and representing clients in courtrooms and arbitrations. She originally wanted to become an appellate attorney, but a judicial clerkship led her toward trial work instead. Over time, she developed an appreciation for the strategy involved in litigation while recognizing that clients were ultimately seeking something more important than a courtroom victory: resolution.

“No matter where we are on the spectrum, we all deliver the same deliverable to our clients and that's resolution," shares Felicia Harris Hoss on You Are A Lawyer.

A turning point came after Felicia won a federal jury trial in 2017. On the anniversary of the verdict, her client sent her flowers to thank her for saving his career. The gesture reminded her how significant a legal outcome could be to the person living with it. When the pandemic later contributed to longer court delays, Felicia saw an opportunity to help clients reach resolutions more efficiently. She transitioned into mediation and arbitration, which have become the focus of her work over approximately the past five years.

Why Law School

Felicia entered law school imagining a career in appellate law. During her final semester in 1997, she took a mediation course, but alternative dispute resolution was not something she expected to pursue professionally. After clerking for an appellate judge, she followed his advice to develop her skills through trial work and joined a Houston litigation firm, where she gained firsthand experience with the demands of preparing cases for court.

“I actually wanted to be an appellate lawyer and I clerked for an appellate judge," explains Felicia Harris Hoss on Episode 267 of You Are a Lawyer.

Although Felicia ultimately stayed with litigation teams rather than moving into appellate practice, that experience shaped how she approaches conflict today. Years of representing clients in court and participating in mediations helped her recognize that legal advocacy involves more than preparing arguments for a judge or jury. Her career demonstrates how law school can prepare attorneys for opportunities they may not even know exist when they first enter the profession.

What Can You Do with a Law Degree

Felicia believes mediation and arbitration deserve more attention as legal career paths. She explains that early dispute resolution allows attorneys to help clients evaluate risks, exchange essential information, and negotiate potential solutions before spending significant resources on litigation. She also predicts that more attorneys may eventually serve specifically as settlement counsel, focusing on negotiated resolutions while trial attorneys prepare cases for court.

“You can do anything. We learn to think like lawyers, which I think essentially is another way of saying we're creative and we're critical thinkers," shares Felicia Harris Hoss on Episode 267 of You Are a Lawyer.

Those skills are especially valuable in mediation, where successful advocacy requires understanding both sides of a dispute rather than emphasizing every disagreement. Felicia encourages young attorneys to recognize that creativity, critical thinking, negotiation, and strategic problem-solving can serve them across many different professional settings. A law degree can prepare someone to become a trial attorney, mediator, arbitrator, settlement counsel, or pursue an entirely different path.

Lawyer Side Hustles

Beyond conducting mediations and arbitrations, Felicia contributes to the legal profession through writing, policy development, and community involvement. She authored the report supporting American Bar Association Resolution 500, which promotes early dispute resolution, and has worked with colleagues and law students on an article examining how attorneys can use early mediation more effectively. She also serves as a director of the Harris County Dispute Resolution Center in Houston, where mediation services help community members resolve conflicts.

“Think about it earlier in the process. Don't wait until you're about to go to trial to say, maybe we should go negotiate,” Felicia Harris Hoss expresses in Episode 267 of You Are a Lawyer.

Felicia's professional activities demonstrate how lawyers can use their expertise beyond representing individual clients. Through continuing legal education, writing, policy work, and community dispute resolution, she helps other attorneys understand the value of resolving conflicts before litigation becomes unnecessarily expensive. Her work also introduces law students and newer attorneys to opportunities within the legal profession that may receive less attention than traditional courtroom practice.