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Heather McFarlane

Mediation Attorney

5.0   4 reviews

also known as Heather Kubiak, Heather Fleniken

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About Heather

Learn Heather’s areas of practice.

Practice areas
  1. Mediation
    I have mediated a number of civil disputes, including contract disputes, insurance coverage, intellectual property, labor & employment, and personal injury.

    14 years, 250 cases

  2. Litigation
    I have represented both plaintiffs and defendants in commercial matters. I have tried 14 jury cases, for bench trials, and one arbitration to verdict as a first-chair lawyer (the person responsible for the case). I have handled many other contested hearings and trials that did not reach verdict.

    26 years, 500 cases

Heather (Kubiak) McFarlane - Transforming Conflict Into Resolution

Heather devotes her practice to mediating civil disputes.  Her world view that every problem has a solution.  

For over 20 years, Heather represented businesses in a variety of complex commercial litigation, including insurance coverage, directors and officers disputes, and contract disputes. Heather has first-chaired 15 jury trials, two bench trials, and an AAA arbitration to verdict.  In 2010, she became a mediator.  She now focuses her practice on mediating all types of civil cases, including intellectual property, insurance coverage, personal injury, labor & employment, and contract disputes.  Since 2021, she has been mediating family disputes.

Heather was selected and trained at Harvard Law School's "Advanced Mediation Workshop:  Mediating Complex Disputes."  She earned her J.D., with honors, from the University of Texas School of Law in 1998, where she worked on the Review of Litigation and published an article in the Texas Journal of Women and the Law. She also performed for the law school's theatre troupe, Assault & Flattery. In 1994, she earned her A.B. in English from the College of William & Mary.

Heather frequently speaks and writes on the topics of mediation, ethics, and intellectual property.  She has served on the leadership of the ADR section of the Houston Bar Association and President of the Houston Chapter of the Association of Attorney Mediators.

Photos and videos

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Licensed for 24 years
State TX
Status Eligible to Practice in Texas
Acquired 1998
Updated 10/23/2022

We have not found any instances of professional misconduct for this lawyer.

Contact Heather

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5.0 / 5.0
  4 customer reviews
5 Star
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1 Star
Posted by D. W. Jordan | November 27, 2011
Professional, responsive, and extremely helpful
My family hired Ms. Kubiak based on a recommendation from a family friend who is also an attorney in the Houston area. Ms. Kubiak helped us get an insurance claim case that had been stagnant for months moving and settled. Unlike the attorney that our insurance company had assigned, Ms. Kubiak was available, responsive, and appropriately aggressive in providing information to my family and getting the case settled. She was sensitive to the worry and stress that a case such as ours can create on a family. I would most certainly recommend Ms. Kubiak to anyone.
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Posted by Kaye | January 12, 2011
Attorney Recommends Kubiak
Heather Kubiak helped me launch my own law practice. After having advised businesses for over a decade while working at a large law firm, she has carefully researched the pros and cons of various business entities. Her attention to detail in determining how to best incorporate, was very helpful to me. I recommend Heather as a solid business lawyer. She is responsive, helpful, and imminently knowledgeable.
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Posted by simon | May 3, 2010
Local advice and support for overseas client from London
As a client from another country, I relied on a London solicitor to refer me to a Texas lawyer. I could not have been more pleased with Heather Kubiak. I had a commercial dispute that arose over the internet. The case was tricky because it was not large enough to file a lawsuit over, but Heather’s creative thinking assisted me in trying non-legal avenues. My dispute was quickly resolved at a fair price. I highly recommend Heather Kubiak!
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Posted by anonymous | January 11, 2010
In-House Counsel
Rather than just "doing her job," Heather takes a personal interest in the matters I send her, and partners with me. She frequently raises business and legal issues with me that add value to my company, and she understands reporting in a corporation. She is efficient, succinct, and moves the cases forward in a meaningful way. Heather's past experience with complex litigation and insurance coverage matters allows her to see the big picture; something that I appreciate. I highly recommend working with Heather Kubiak.
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We have not found any cost information for this lawyer


AVVO RATING 9.7 (Superb)

Work Experience

  • Owner
  • McFarlane Mediations
  • 2019 - Present
  • Associate
  • Morgan Lewis & Bockius
  • 2008 - 2010
  • Senior Associate
  • Fulbright & Jaworski
  • 1998 - 2008
  • Intern
  • The Supreme Court of Texas
  • 1997 - 1997
View all work experience


  • The University of Texas School of Law
  • JD - Juris Doctor
  • 1998
  • College of William and Mary
  • BA - Bachelor of Arts
  • 1994

Legal Cases

  • Charles v. Administration Plus
  • Confidential
  • Calhoun v. Milstead Automotive
  • The case was dismissed
  • Theresa Peebles et. al. v. Adoptions Abroad, et. al.
  • Agreed Dismissal with prejudice
View all legal cases


  • The Association of Women Attorneys
  • Member
  • 2009 - Present
  • American Bar Association
  • Member
  • 2008 - Present
  • Houston Bar Foundation
  • Fellow
  • 2002 - Present
  • Houston Bar Association
  • Member
  • 1998 - Present
  • The Association of Women Attorneys
  • Board Member
  • 2011 - 2015
  • Women's Business Enterprise Alliance
  • Member
  • 2010 - 2018
  • Texas World Affairs Council
  • Member
  • 2007 - 2008
  • The College of the State Bar of Texas
  • Member
  • 2006 - 2008
View all associations

Languages Spoken

  • English

Honors and Awards

  • Texas Rising Star
  • Texas Super Lawyers
  • 2012
  • Texas Rising Star
  • Texas Super Lawyers
  • 2011
  • Texas Rising Star
  • Texas Super Lawyers
  • 2009
  • Texas Rising Star
  • Texas Lawyer Magazine
  • 2008
  • Texas Rising Star
  • Texas Lawyer Magazine
  • 2007
  • Texas Rising Star
  • Texas Lawyer Magazine
  • 2006
  • Texas Rising Star
  • Texas Lawyer Magazine
  • 2005
View all awards


  • Houston Bar Assocation Continuing Legal Education
  • Director and Officer Liability: Lessons Learned from Disney
  • 2006
  • Texas Lawyer
  • A More Modern Class Action? Bill Allows Removal to Federal Court
  • 1999
  • Texas Journal of Women and the Law
  • Improving Prosecution of Battering Partners: Some Innovations in the Law of Evidence
  • 1997
View all publications

Speaking Engagements

  • Law Student Boot Camp
  • Self-Promotion and Networking
  • 2012
  • Houston Bar Association Continuing Legal Education
  • Director and Officer Liability
  • 2006
View all speaking engagements

Attorney endorsements

Received (4)
Given (4)
Endorse Heather
Unknown Attorney | Jan 24
Relationship: Fellow lawyer in community
"I endorse this lawyer. Ms. Kubiak is very knowledgeable attorney."
Mediation Attorney | Aug 08
Relationship: Fellow lawyer in community
"Heather is extremely professional and knowledgeable. I would not hesitate to use her as a mediator on one of my cases as I am sure she has the skill and experience to help resolve the matter."
Commercial real estate Attorney | Apr 22
Relationship: Fellow lawyer in community
"Heather Kubiak is a smart, well-prepared, skilled commercial litigator. Any time I have a question about business litigation, I pick up the phone and call her. Commercial lawsuits are quite often fast-paced, and you need a skilled litigator who knows the ropes from the beginning. That attorney is Heather Kubiak. I have known Heather for several years, since we worked together at Fulbright & Jaworski LLP, Houston's largest law firm. Since that time, she has founded her own law firm, Kubiak & Carter PLLC, where she handles commercial litigation matters of all sizes. I strongly recommend Heather Kubiak."
Insurance Attorney | Jan 04
Relationship: Worked together on matter
"I endorse Heather Kubiak's work. In 2007-08, Heather and I represented co-defendant insurers in a complex D&O coverage case. As counsel for the primary carrier, Heather took the lead in preparing a motion for summary judgment on a key legal issue - whether an exclusion for claims brought by a bankruptcy trustee against directors and officers of the insured was excluded from coverage. The insurers prevailed on the motion, which facilitated a favorable resolution of the entire dispute. I also enjoyed working with Heather. She is smart, experienced and a strong advocate."
Medical malpractice
Car accident