Kenneth Davison

With more than twenty years of litigation experience in matters involving private and governmental construction contracts, construction defects, mechanic’s and materialmen’s liens, easements, real estate contracts, foreclosures, title issues, oil and gas, and environmental matters, Ken has a unique and well-developed set of skills to assist parties in reaching resolution of the most difficult and complex construction, real estate, and oil and gas matters.

Ken is an “AV” rated attorney with Martindale-Hubbell and has been a member of the bar since 1979. He earned his JD from Saint Mary’s School of Law where he was awarded the American Jurisprudence Award for excellence in the studies of commercial paper. He has authored numerous articles and presents at MCLE courses on topics including construction defects, easements, real estate titles, and foreclosures. He has also presided over a number of hearings and issued legal opinions to the Texas Air Control Board regarding complex environmental permitting matters ranging from the proposed construction of large multimillion-dollar toxic waste disposal facilities and high tech chip manufacturing facilities to concrete/asphalt manufacturing and mixing plants.

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  • Admitted to Practice Before:
    • All Texas State Courts
    • U.S. District Court - Western District of Texas
    • U.S. Bankruptcy Court – Western District of Texas
    • U.S. Court of Appeals
  • American Bar Association
    • ADR Section
    • Construction Committee
    • Advisory Committee
  • State Bar of Texas
    • ADR Section
    • Litigation Section
    • Real Estate, Probate and Trust Section
  • Austin Bar Association
    • Real Estate Section

Fee Schedule

  • 2 PARTY CASE – $1100.00 per party – full day
  • 2 PARTY CASE – $650.00 per party – half day
  • 3 OR MORE PARTIES – $950.00 per party – full day

The Mediation Fees cover the cost of the mediation session, time spent reviewing pre-mediation submissions (up to two hours), a limited amount of post-mediation follow-up, and scheduling and administration services. Full day mediation fees also include lunch. A full-day mediation session lasts up-to eight (8) hours and a half-day mediation session lasts up-to four (4) hours. Each hour thereafter is billed at a rate of $350.00 per hour, divided equally by the parties.

“Rocket Docket” Mediation – $450.00 per party: The Lakeside Mediation Center‘s Rocket Docket Program is designed to provide an alternative means of resolving disputes with lower amounts in controversy, which were previously referred to Settlement Week for mediation. For those cases that meet the Rocket Docket Profile, we will offer a mediation session for up-to three (3) hours at a reduced rate of $450 per party. The submission will be simplified, and the mediation position submissions may be made via e-mail or fax on a streamlined position statement form. Parties with multiple cases may schedule up-to three different cases on the same day in order to maximize the benefits of the Rocket Docket Program.

Cancellation and Rescheduling Fees: After a mediation is scheduled and notices of the mediation are sent, no cancellation fee shall be charged if the mediation is cancelled or rescheduled at least fourteen (14) days prior to the scheduled mediation date. Such cancellation or rescheduling must be in writing. If the mediation is cancelled or rescheduled within 14 days of the scheduled mediation date, a cancellation fee of fifty percent (50%) of the daily rate per party shall be charged to each party. If the mediation is cancelled within forty-eight (48) hours of the scheduled mediation date, the full mediation fee shall be charged to each party.

Multiple Day Mediations: If two or more days of mediation are scheduled, the parties shall be responsible for their portion of the Mediation Fees for all days reserved, regardless of the length of the actual mediation session. The cancellation or rescheduling fee described above shall apply to the total fee for all reserved days.

Travel Expenses & Facility Fees: If the mediation session occurs outside Austin, all travel expenses are charged to the file (airfare, mileage, meals, lodging, ground transportation, etc.) and are divided equally among the parties. Travel time is billed at a rate of $125.00 per hour. The parties shall be responsible for all facility costs for mediations not held at Lakeside Mediation Center as well as for all costs associated with lunch, food and beverages for mediations not held at Lakeside Mediation Center.

Administrative Fees: In the event any party utilizes a third party administrator, then that party will be responsible for the payment of any fees (percentage or otherwise), expenses or added costs charged by the third party administrator.

Post Mediation Follow-Up: In cases in which progress is made, but the dispute is not resolved at the mediation session, there is no charge for up to 1.5 hours of post-session follow-up calls and written correspondence. All post mediation follow-up beyond 1.5 hours will be billed at a rate of $350.00 per hour and divided equally by the parties. All rules and agreements regarding confidentiality which apply to the mediation session also apply to the post-mediation follow-up.

Payment: Mediation Fees are due on or before the day of the mediation session. Travel expenses and any facility fees, post mediation follow-up time, and related charges will be billed after the mediation session. Payment for these expenses are payable upon receipt of the bill.

Holding Dates: A party may request to hold a mediation date for up to forty-eight (48) hours from the time of the request. If the requesting party does not confirm the date in writing within 48 hours, the requested date may be given to other parties requesting the date.

Acceptance of Fees & Terms: By scheduling a mediation you are agreeing to the fees, terms and conditions contained in this Fee Schedule & Terms sheet.

Areas of Mediation Experience

  • Construction
  • Real Estate
  • Environment