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In a world that often feels so deeply divided beyond repair, where disputes seem to escalate faster than resolutions can be found, many of us might be feeling a bit powerless. We see conflict on the news, in our neighborhoods, even in our own homes (raise your hand if you have competitive children). But, in the midst of all the uncertainty, confusion, and general horrifying moments ($5 for 12 eggs?!!), one thing remains entirely within our control: the good we choose to bring into the world. Service to others is not just a noble paragon—it is a tangible, impactful way to create positive change, one act at a time. Whether it is through volunteer work, mentorship, or a kind offer to listen to someone who just needs to talk, every act of kindness shifts the balance in favor of peace and acceptance. When I was a young lawyer, I always intended to volunteer, but the stress of billable hours and piling caseload distracted me long enough that I never prioritized it. Maturity and life experiences (hello motherhood!) have made me realize that service to others is the rent you pay for your room here on this earth . I think this is why I enjoy mediation—it is not just about paddling our way to middle ground—it is about giving people the tools to craft their own resolutions, to restore relationships, and to move forward with dignity. It is about empowering individuals, families, and businesses to reclaim control over their own conflicts, rather than chancing fate with an overburdened and unpredictable court system. It is about creating lasting peace, not just slapping a band aid on a wound that probably needed stitches. This week, I had the privilege of conducting a pro bono mediation at the Dallas County Dispute Resolution Center, a place where people from all walks of life come to find solutions that courts are not guaranteed to provide. Here, we work to bring clarity to confusion, calm to contention, and resolution to seemingly impossible disputes. The pro bono work done within those walls is a testament to what is possible when people—the parties, their attorneys, and the volunteers come together in good faith, seeking solutions rather than victories. I share this not as a call for recognition, but as an invitation to you. Each of us has a role to play in making our community stronger. Whether through volunteering, mentorship, advocacy for the less fortunate, or simple acts of kindness, we can all be a force for good. We cannot control the world’s chaos, but we can control the impact we make in our own little corner. So, I encourage you: find your way to serve. If not today, then when? Do not wait like I did. Pay that earthly rent. Find a way to bring peace where there is discord, to offer guidance where there is confusion, to shine a light on the darkness, to give hope where there is despair, and to listen when someone just needs to talk to a friendly face. The world needs more peacemakers. Challenge Accepted. Are you in?

That silent shadow that we all carry. The hushed voices in our heads that despite our impressive credentials, expertise, and long list of accomplishments whisper into our minds, “You are not good enough. You are not smart enough. You will make mistakes and be exposed as the fraud we all know you are.” That inner demon has a name: Imposter Syndrome (“IS”). I would bet my left kidney that at that last happy hour you attended—or even at your work Christmas party—almost every individual in that room is plagued by IS—yes, even that high-power, effortlessly charismatic co-worker flanked by doting peers. Don’t believe me? Tom Hanks, Serena Williams, and Sonia Sotomayor have all discussed to struggling with IS, and let’s be honest—there is no arguing with America’s dad, the tennis GOAT, and a Supreme Court Justice. Embracing Imposter Syndrome as a Mediator I would lose all credibility if I did not admit that I suffer from IS in both personal (“You are failing as a mother! You are not Instagram worthy!”) and professional settings (“Am I really good enough?”). If you’re reading this, I am sure you can relate. As an attorney-mediator, I am often in rooms with highly intelligent and intimidating attorneys. When my IS whispers too loudly, my self-doubts are amplified when my past as a litigator—a domain where confidence and certainty govern—is confronted by my role as a mediator—where flexibility and neutrality reign supreme. How do I weave these opposing ideologies to silence my inner critic and sleep 7 hours (+ or – because toddlers be toddling)? I found the answer through mediation training and mediation experience. The key is to reframe these feelings entirely. Step One: Listening Without Passing Judgment. One of the first skills taught in mediation training is listening without passing judgment. As a mediator, I have heard some atrocious allegations—especially in CPS cases. My role is not to pass judgment; it is to listen and HEAR everyone without injecting my own thoughts and beliefs. Through my time serving as a mediator, I began to extend this same courtesy to my own brain. Instead of harshly critiquing and passing judgment on my own actions, I now ask myself, “What really happened, what can I learn, and what did I do well.” Reframing my self-doubt to constructive/positive perspective has allowed me to see IS for exactly what it is—an emotion. Not reality. Not fact. Not truth. 2. Step 2: Focus on Resolution and Neutrality, Not Perfection. Successful mediation does not mean perfectly resolving the issues. No, it is about showing up and participating in a process where the parties can resolve the issues on their own. The shift—from being expert in the law—to facilitating peaceful solutions is how I approach my own issues. Before, my life revolved around flawless execution and confidence. Now, I seek growth, empathy, and understanding. Just like in mediation, the first step toward peace is showing up. I think we forget sometimes how much effort it takes just to show up somewhere (even if it court ordered). Once we are present, we can adapt/learn from any challenges and brainstorm our solution. Something else I have learned? It is 100% acceptable to not know all of the answers. As my five year old would say, “That is called LEARNING.” Illusory notions of perfection have no place in mediation, or in our brains for that matter. Recently, I mediated a legally complex case with highly emotional parties, and after several hours, it felt as though everyone had hit a wall. One of the attorneys began packing up her things to leave and told her client, “Let’s go, we’re walking.” The IS shadows began to invade my mental clarity, but I took a minute to mediate my own thoughts. I treated my own thoughts and feelings as “disputants,” at the mediation table—listening and acknowledging their existence without letting them determine my self-worth. I acknowledged the IS as a feeling, not reality, and I circled back to the process and what the parties’ were really telling me. Within minutes, I thought of a way to make a breakthrough with one of the parties. A few hours later, we were executing a mediated settlement agreement. Applying These Lessons Beyond Mediation Some of you may be wondering, “Great, but how does this rationale apply to me?” Whether it is navigating those inevitable days where one feels so deflated from parenting challenges, managing family dynamics, or talking to your neighbor who voted for that other person, I have found that following have universal application: (1) Reframing the narrative; (2) Active listening without judgment, (3) Valuing process over perfection. Self-doubt will always exist; those whispers will always be there. Armed with the right strategies, however, we can learn to tune out those whispers and LISTEN to the voice truly deserving of our attention—our own potential. **** Disclaimer: The information provided here is for general informational purposes only and does not constitute legal, medical, or professional advice. It is not intended to be a substitute for professional guidance, diagnosis, or treatment. For specific legal or medical advice, please consult with a qualified attorney or healthcare provider.

Well, I did it. I became a mediator. Was this on my bingo card? Nope, but I will tell you how we got here. As many of you are aware, I started as a baby lawyer at a reputable, downtown Dallas firm with a magnificent view of Reunion Tower. My mentor/supervising partner was the gold standard of mentors—he was patient, kind, and ALWAYS ensured I had every opportunity to succeed. I took countless depositions, argued several hearings, and drumroll … attended more mediations than I thought possible. Some mediators were great, but most seemed apathetic toward my clients’ plight or otherwise put forth minimal effort toward earning that hefty mediation fee. Some—many of whom were highly sought mediators—were unprepared and did not bother to read my pre-mediation statement or otherwise attempt to research the complex legal arguments in advance of mediation. As I moved on to a different firm to transition into more complex commercial litigation matters, my experience with several top Dallas mediators did not improve my perceptions. I, along with my best friend from law school, eventually joined my husband’s law firm. (This is a wild story for another time, and perhaps another blog post). As the firm’s sole litigation attorney, I still could not find a mediator with the following qualities: (1) reasonably priced*, (2) attorney-mediator, (3) prepared prior to mediation, (4) puts forth at least 80% effort (yes, this should be 100%, but desperation lowered my standards), (5) great listener and room reader, and (6) problem solver. Shockingly, one Austin mediator impassed our case quickly so that he could attend a happy hour with his girlfriend. Not a good look, and no, we were not invited to happy hour. Eleven years into my legal career, my frustrations with mediators culminated after one night that involved a punk rock cover band, a few margaritas, and top-notch Mexican food (the winning recipe for epiphanies) in which I, in a conversation that had nothing to do with mediation, blurted the words out loud to my husband: “WHY NOT ME?” Six months later, I obtained my Basic, Family Law, and CPS mediation certificates. Since obtaining my mediation certificates, I have volunteered with different dispute resolution programs in four different counties and am a Full Member of the Texas Association of Mediators (at least 100 hours of mediation time as a mediator is required). I have mediated everything from personal injury matters, employment law issues, professional liability claims, commercial real estate disputes, insurance law matters, complex commercial matters, landlord/tenant issues, small claims disputes, debt collection cases, divorces with children, divorces without children, SAPCRs, child support modifications, and CPS cases. Have I made mistakes as a mediator? Absolutely. Have I learned from them? Definitely. But, am I better than those whose names I scratched off on my long list of mediators? Without question. As many of my colleagues will tell you, I am HONEST, and I LISTEN. I will tell you if your argument isn’t passing my smell test; I will tell you if I think a certain judge might take issue with your position; I will tell you if I think the client in the other room appears to be credible; and I am pretty darn great at reading a room. These skills came from a successful career as an attorney trained by some of the best attorneys and best humans I know. And listening skills and problem solving—those are just inherent as a working Mom. I suspect I am not the only attorney who became bored with the practice of law. Mediating cases has done the impossible: It has reinvigorated my interest in the law, all while trying to balance life as mother with young children. I enjoy preparing for mediations and conducting my own legal research into the claims/issues, and I see glimmers of the young, inquisitive little Vanessa who wanted to learn, understand people, and connect with the world. I am exactly where I am supposed to be. My law career has given me every tool I need to be one of your go-to mediators. If you are looking for someone to put forth every effort into your mediation, let’s work together. If not, perhaps we need a night involving a pop punk cover band, margaritas, and Mexican food to convince you of my skills—the perfect recipe for epiphanies. Thanks for reading, Vanessa *There are excellent attorney-mediators in DFW area, however, the ones I have encountered are often too overpriced for my small business clients or are booked for months in advance. ***Disclaimer: This blog post does not and is not intended to constitute legal advice.

On August 5, 2021, the CFPB finally published guidance addressing the rescission and TRID closing timeline issues resulting from the recently created Juneteenth National Independence Day. In sum, the CFPB clarified that it will not penalize mortgage lenders that did not adjust some time-sensitive borrower protections for Juneteenth, noting that the new holiday left the industry “unsure of how to treat the day for purposes of regulatory compliance.” Background . On June 17, 2021, President Biden signed a bill to create a new federal holiday to be celebrated annually on June 19th: Juneteenth National Independence Day. The last-minute creation of this new federal holiday created compliance concerns under Regulation Z, affecting rescission periods and TRID closing timelines. Regulation Z has a specific definition of “business day” that excludes federal holidays for the calculation of certain time periods. These time periods include the required rescission periods and TRID waiting periods between receipt of a Closing Disclosure and closing. Regulation Z defines business days for these time periods as “all calendar days except Sundays and the legal public holidays specified in 5 U.S.C. § 6103(a).” Because Saturday, June 19, 2021, became a federal holiday on such short notice, it became unclear how to treat this day with respect to recission periods and TRID timelines that had already begun on the date Juneteenth was signed into law. The CFPB Interpretive Rule . In its Interpretive Rule , the CFPB states that it interprets the definition of “specific business day” to mean the “the version of the definition in effect when the relevant time period begins.” Accordingly, for the 2021 Juneteenth holiday, if the relevant time period began: On or before June 17, 2021, then June 19 was a business day. After June 17, 2021, then June 19 was a federal holiday. Of course, the Interpretative Rule also explains that creditors are not prohibited from providing longer time periods than legally necessary. The full text of the Interpretive Rule can be found at the following link: https://files.consumerfinance.gov/f/documents/cfpb_juneteenth-holiday_interpretive-rule_2021-08.pdf

On August 15, 2019, the United States Court of Appeals for the Fifth Circuit issued an opinion and certified a question to the Texas Supreme Court that could significantly impact lenders’ rights in the face of an uncured, defective Texas home equity loan. In Zepeda v. Federal Home Loan Mortgage Corporation,[1] the Court examined whether [..] The post US Court of Appeals Certifies an Important Question for the Texas Supreme Court Involving Home Equity Loans appeared first on Kubik Law Firm, PLLC.

By: Steven J. Kubik A class action lawsuit against Zillow Group, Inc. (“Zillow”), its CEO, and CFO was recently revived despite the Court granting Zillow’s motion to dismiss a prior version of Plaintiffs’ complaint last year. After considering the second amended complaint, the Court denied Zillow’s most recent motion to dismiss.[1] Most notably, the Court [..] The post Revived Putative Class Action Against Zillow Brings the Legality of its Co-Marketing Program Center Stage Again appeared first on Kubik Law Firm, PLLC.

For the first time ever, the CFPB recently published four FAQs addressing the TILA-RESPA Integrated Disclosure rule or “TRID.”[1] These FAQs are welcomed by a mortgage industry that has urged the CFPB to issue written informal guidance for years. The FAQs bear resemblance to the FAQs that the Department of Housing and Urban Development previously [..] The post CFPB Publishes FAQs on the TRID Rule appeared first on Kubik Law Firm, PLLC.

The U.S. Supreme Court is currently considering an important question affecting the mortgage industry: whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the Fair Debt Collection Practices Act (the “FDCPA”), 15 U.S.C. §§ 1692 et seq. [1] Whether entities conducting nonjudicial foreclosure proceedings are subject to the requirements of the FDCPA has divided [..] The post Supreme Court Considers Whether FDCPA Applies to Nonjudicial Foreclosure appeared first on Kubik Law Firm, PLLC.

On December 21, 2018, the CFPB issued final policy guidance concerning data collected under the HMDA rule that will be made publicly available in 2019. For background purposes, the CFPB comprehensively revised HMDA data collection/reporting requirements in 2015. These new data collection requirements became effective in 2018, with a reporting deadline of March 2019. The CFPB issued [..] The post CFPB Issues Final Policy on HMDA Data Addressing Privacy Concerns appeared first on Kubik Law Firm, PLLC.