About Mediator
Michael P. “Mike” Metcalf doing business as Metcalf Mediation & Arbitration Services is engaged in the practice of law that centers on the mediation and arbitration of civil disputes. Judge Metcalf has more than 40 years of legal experience that includes service in the United States Army Judge Advocate General’s Corp, as a District Attorney, District Judge and trial lawyer. Mike, a trial lawyer, is board-certified by the Texas Board of Legal Specialization in Civil Trial Law and Personal Injury Trial Law.
Judge Metcalf was a judicial pioneer who recognized the need for litigants to seek a resolution to their case before trial. As District Judge of a six county Judicial District with a heavy trial docket, Mike recognized a deeply unfulfilled need to explore settlement of cases pending in his court. Long before mediation became a part of the modern legal system, Judge Metcalf instituted a system of settlement conferences in his Court. The settlement conferences were a precursor to mediation. The settlement conferences were designed to give the parties an opportunity to discuss settlement of their dispute before going to trial.
From a diverse background of having served the legal profession for over forty years starting as an Army JAG officer, then as a trial lawyer and Judge, Mike now focuses his effort exclusively on the Arbitration and Mediation of civil disputes. His work as a mediator has resulted in a track record of having brought hundreds of disputes to an end by settlement.
A strong record of settling disputes springs from a unique mediation process Mike started. His mediation process is one which is calculated to encourage the parties to continue with the mediation process. In cases Mike mediates if the case does not settle at the first session, he recesses the mediation and proffers to the parties the opportunity to return for a free two hour round two “wrap up” session. For those parties choosing to take advantage of the wrap up session over 90% of the cases ultimately settle. It is this never say never attitude that has led to a remarkable record of resolving cases.
Sitting as an Arbitrator Mike believes strongly in hearing all of the admissible evidence and reaching a decision in a timely manner based upon the facts admitted at the trial. Parties to the arbitration can rest assured that the rule of law applicable to the dispute will be fairly and timely applied.
Court Admissions
- U.S. Court of Appeals for the 5th Circuit
- U.S. District Court of the Northern District of Texas
- The Texas Supreme Court
- State Courts of Texas
- The United States Court of Appeals for the Armed Forces
Education
- January 1963 received Bachelor of Science degree from Texas A & M University.
- January 1966 received Doctor of Jurisprudence from the University of Houston School of Law
- December 1966 Graduated from The Judge Advocate General’s School at the University of Virginia
- July 1976 Completed studies at The National College of the State Judiciary, Reno, NV
- National Mediation Academy in Dallas, Texas. Certified both as a general and family law mediator.
Government Service
- January 1963 Commissioned as an officer in the United States Army
- June 1966 selected to serve as an attorney in the United States Army Judge Advocate General’s Corp
- September 1966 – September 1970: Active duty service as an Assistant Staff Judge Advocate – United States Army Judge Advocate General’s Corps.
Duty assignments in the United States Army:
- September 1966 – December 1966 attended the Judge Advocate General’s Corp School
- January 1967 – May 1967 assigned as assistant staff judge advocate to the 22nd Field Army Support Command at Ft. Lee, Virginia.
- May 1967 -September 1969 assigned as assistant staff judge advocate Military Assistance Advisory Group Headquarters (MAAG-China) Taipei, Taiwan
- 1969 Certificate of Completion Chinese language: Awarded by Headquarters Support Activity, Taipei, Taiwan
- September 1969 – September 1970: Assistant Staff Judge Advocate assigned to III Corps and Fort Hood, Fort Hood, Texas.
Duties while serving as Assistant Staff Judge Advocate, MAAG-China: Served as a Foreign Claims Commissioner, Trial Observer, Claims Officer, Legal Assistance Officer and legal advisor to the Commander of MAAG-China.
- Negotiated differences with the Chinese government over the U.S./Chinese MAAG agreement;
- Trial Observer appointed pursuant to the U.S./Chinese Status of Forces Agreement (SOFA) to attend criminal trials in Chinese courts of U.S. Army personnel charged with criminal violations in Chinese courts;
- Advisor-lecturer to law student cadets at the Military Law Department of the Chinese Political Staff College
- Mediation of disputes between assigned U.S. personnel and Chinese nationals.
Chief, Military Justice III Corps and Fort Hood–duties included the responsibility for managerial oversight of all military trials, both prosecution and defense, at Fort Hood, Texas.
Decorations: Army Commendation Medal, Joint Service Commendation Medal
Public Service
- February 1971 – April 1975 District Attorney 69th Judicial District
Duties included the prosecution of all felony grade cases in a multi-county district - April 1975 – December 1978 District Judge 69th Judicial District
Duties included presiding over all civil and criminal cases of felony grade in a multi-county district; service included sitting as a visiting Judge in Dallas County and Harris County
Continuing Legal Education
- Judge Metcalf maintains certifications from the State Bar of Texas Board of Legal Specialization in Civil Trial Law and Personal Injury Trial Law.
Reported Cases
- A representative sample of reported cases in which Judge Metcalf has tried as an advocate include Cactus Feeders, Inc. v. Wittler 509 SW 2d 934, Shappley v. State 520 SW 2d 766, Pipgras v. Hart 832 SW 2d 360 and Scribner, et al. v. Waffle House, Inc. 976 F. Supp. 475 (N.D.Tex. 1997).
Pro Bono Activities
- Judge Metcalf has participated in representing pro bono indigent persons in the Dallas Bar Association’s Equal Access to Justice program. Judge Metcalf responded to the call from the American Trial Lawyers Association’s Trial Lawyer Care pro bono effort to represent individuals injured in the 9-11 attacks. Judge Metcalf completed his pro bono representation of a person severely injured in the 9-11 Pentagon attack, in a hearing before the Victims Compensation Fund Examiner in Washington, D.C.
Professional Associations and Activities
- 2016 D Magazine Best Lawyers in Dallas-Alternative Dispute Resolution/Mediation
- 1979—present “AV” Preeminent rating Martindale Hubbell
- 1972-1974 Served as an officer in the local 69th Judicial District Bar Association
- 1979-1985 served as a member of the State Bar of Texas Insurance Trust
- 1966-Present member of the State Bar of Texas
- 1990-Present member Dallas Bar Association and the Dallas Trial Lawyers Association.
- 1998-Present member of the ADR sections of the State Bar of Texas and the Dallas Bar Association
- Member of the Million Dollar Advocates Forum,
- Member of the Phi Alpha Delta Legal Fraternity
- 1967-1969 Member of the Pi Chiao Law Society (Chinese).
Civic and Other Activities
- 1967-1997 Member of the Rotary Club of Taipei and Dumas, Texas;
- 1970-1990 Served as a Deacon and Elder in the Christian Church (Disciples of Christ) Dumas, Texas
- 1990-Present Member of Northway Christian Church Dallas, Texas.