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When mediation stalls, counsel may still have options to preserve the opportunity for settlement—and avoid the cost and uncertainty of continued litigation. In “How to Avoid and Break Mediation Impasse,” FedArb Neutral David W. Ichel, Esq. explains practical approaches to preventing deadlock and restarting negotiations when the parties remain far apart: • Prepare before the session. Early meetings with the mediator can clarify client priorities and identify potential areas for agreement. • Use conditional offers. Linking a significant move to movement from the other side can help establish a more productive bargaining range. • Look beyond money. Business arrangements, IP licenses or other nonmonetary terms may create additional settlement value. • Reassess litigation risk. Evaluating potential recovery or exposure after litigation costs can help clients make better-informed decisions. Mr. Ichel brings 37 years of complex civil litigation experience at Simpson Thacher & Bartlett LLP to his work mediating complex commercial disputes. His article offers counsel concrete tools to consider before concluding that further negotiations cannot succeed. Originally published in the New York Law Journal. Read the full article: https://lnkd.in/e4acFS-4 #Mediation #ComplexLitigation #DisputeResolution #FedArb

When a commercial dispute turns on interlocking agreements and complex financial transactions, familiarity with how the deal works matters. FedArb Neutral Justice O. Peter Sherwood (Ret.) brings that perspective from his service in the Commercial Division of the New York State Supreme Court, New York County. His matters included disputes involving securitizations, real estate joint ventures, business ownership and insurance coverage. That experience is relevant to counsel seeking a neutral who can evaluate contractual obligations in the context of the transaction—and understand how competing interpretations affect the parties’ positions. Before joining the bench, Justice Sherwood handled complex commercial matters as a law firm partner and served as New York City’s Corporation Counsel and New York State’s Solicitor General. His career spans advocacy, public-sector legal leadership and judicial decision-making. Through FedArb, he is available for arbitration, mediation, mock trials and service as a special discovery master. Learn more about Justice Sherwood: https://lnkd.in/eb8MwyGj #Arbitration #Mediation #CommercialLitigation #FedArb

How are judicial decisions shaping the future of intellectual property? FedArb Neutral The Hon Dr Annabelle Bennett AC SC FAA FAAL (Ret.) will join “Judgment Calls: Shaping the Future of IP” at the ChIPs Global Summit 2026 in Los Angeles. The discussion will examine judicial influence and trends in IP rulings, including the increasingly nuanced questions AI raises about ownership. A former Judge of the Federal Court of Australia, Dr. Bennett brings experience deciding intellectual property cases at trial and on appeal, as well as serving as President of the Copyright Tribunal of Australia. Her perspective reflects the depth of international IP experience available through FedArb International. Learn more about Dr. Bennett: https://lnkd.in/eQDQQp8b She will join Hon. MaryJoan McNamara, Hon. Cathy Ann Bencivengo and Hon. Beth Labson Freeman, with moderator ✨Kathi Vidal. Friday, October 23, 2026 10:45–11:45 a.m. Pacific JW Marriott LA LIVE | Los Angeles The summit agenda is linked in the comments. #IntellectualProperty #ChIPsGlobalSummit #InternationalArbitration #FedArb

From evaluating judicial candidates to informing conversations in commercial litigation and corporate law, FedArb Neutral Hon. Elizabeth Emerson continues to serve the profession through new appointments and longstanding leadership roles. Judge Emerson has been appointed Chair of the Suffolk County Bar Association’s Judicial Screening Committee, effective January 2027. The committee evaluates judicial candidates’ qualifications, experience, integrity and fitness for service. She also continues as Co-Chair of the association’s Commercial Division Committee, which she established in 2018. The committee provides a forum for judges and practitioners to address developments in commercial litigation, court procedures and practice. In addition, Judge Emerson has been appointed to the Corporate Counsel Business Journal's Founding Editorial Advisory Board, an eight-member group that will help inform the publication’s content and participate in programs addressing issues facing the legal and business community. These roles draw on a career spanning transactional practice and 28 years on the New York State Supreme Court. Judge Emerson helped establish the Suffolk County Commercial Division in 2002 and presided there for 21 years, handling complex commercial disputes and contributing to the development of Commercial Division policies and procedures. Please join us in congratulating Judge Emerson on these appointments and her continued service to the profession. Learn more about her experience: https://lnkd.in/eqHwwuPY #CommercialLitigation #LegalLeadership #ADR #FedArb

Pressure-Test More Than the Merits FedArb’s former general counsel, former judges, and seasoned litigators provide independent Early Neutral Evaluation—assessing not only legal merits, but also exposure, cost, timing, business impact, and settlement dynamics.   Learn more about FedArb’s Early Neutral Evaluation and Litigation Strategy services: https://lnkd.in/esAxXKWb Joseph Braunreuther Ruben Castillo Hon. Elizabeth Emerson Noah Hanft Kurt Hansson David M. Hashmall Dennis Lynch PD Villarreal David J. Sorkin #ADR #ComplexLitigation #LitigationStrategy #EarlyNeutralEvaluation #FedArb

A seasoned litigator can still encounter unfamiliar procedural choices when representing a client in arbitration. How much discovery will the tribunal permit? Should counsel seek permission for a dispositive motion? What form of award does the client need—and does the client understand how limited the grounds for challenging it will be? In “A Primer for Attorneys Who Are Retained To Represent Clients in an Arbitration,” FedArb Neutral Mark Bunim examines these questions and the practical decisions that shape a proceeding, from the preliminary hearing through the final award. His guidance emphasizes preparation: address electronic discovery early, estimate hearing time realistically, and explain the process to the client before expectations become difficult to reset. Bunim is a FedArb arbitrator and mediator and a Fellow of the College of Commercial Arbitrators. His article offers counsel a practical view of arbitration from the tribunal’s perspective. Read the full article: https://lnkd.in/eeqnVU-D #Arbitration #Litigation #ADR #FedArb

Please join us at the Miami Arbitration Week 2026. Organized by the Miami Law International Arbitration Society, the week will bring the international arbitration community together in Miami for programs addressing commercial and investment disputes across borders. As a supporting organization, FedArb can provide members of our community with access to discounted registration. Comment “MAW26” below or send us a direct message, and we will send you the discount code. Learn more about Miami Arbitration Week: https://www.mias.org/maw26 #ADR #InternationalArbitration #MiamiArbitrationWeek #FedArb

Congratulations to FedArb panelist Chief Judge Susan G. Braden (Ret.) on being selected for inclusion on the World Intellectual Property Organization – WIPO Arbitration and Mediation Center’s List of Mediators and Arbitrators. A former Chief Judge of the U.S. Court of Federal Claims, Judge Braden brings substantial experience in intellectual property and technology disputes. During her judicial tenure, she adjudicated patent cases involving technologies ranging from night-vision systems to launch and recovery systems for unmanned aerial vehicles. Her selection also reflects the depth of experience supporting FedArb International’s work in cross-border IP and technology disputes. FedArb and the WIPO Arbitration and Mediation Center have co-developed model arbitration clauses for IP and technology contracts, providing parties with additional options for resolving disputes across jurisdictions. We congratulate Judge Braden on this significant professional recognition. Learn more about Judge Braden’s practiceL https://lnkd.in/gg3jc9H and FedArb International: https://lnkd.in/gTDeBJf6 #ADR #Arbitration #IntellectualProperty #InternationalArbitration #FedArb

A mock exercise should do more than test whether an argument is persuasive. It should help counsel determine whether the litigation strategy will withstand scrutiny from those who understand its legal, financial and business consequences. Steven Greenspan brings that perspective from both sides of the table. Before serving for 13 years as Chief Litigation Counsel for RTX Corporation, where he managed worldwide litigation and advised senior leadership on significant legal exposures, he was a trial lawyer and commercial litigation partner. Through FedArb, legal teams can draw on that experience alongside the perspectives of former judges and experienced litigators—testing assumptions and identifying vulnerabilities before consequential decisions must be made. As one participant observed: “Steven was very supportive of my approach, which I appreciated. … The process was extremely valuable … because of the fantastic outside insights that Steven provided.” Learn more about Steven M. Greenspan: https://lnkd.in/g84UxgE4 #ADR #MockTrial #LitigationStrategy #ComplexLitigation #FedArb

FedArb welcomes Daniel Slifkin, former Head of Cravath’s Litigation Department, as an arbitrator and mediator. For parties facing complex business disputes, his courtroom and arbitration experience brings an understanding of how evidence holds up under scrutiny, which issues can drive an outcome and what continued litigation demands of a business. Mr. Slifkin spent 35 years at Cravath, Swaine & Moore LLP, leading its Litigation Department from 2016 to 2021. His practice encompassed complex commercial, securities, corporate governance, financial services and cross-border disputes. His experience includes a four-month securities fraud jury trial for Vivendi and domestic and international arbitrations involving supply agreements, joint ventures and indemnification. A Fellow of the American College of Trial Lawyers, Mr. Slifkin was inducted into Benchmark Litigation’s Hall of Fame in 2024 and named among its Top 100 Trial Lawyers in America each year from 2021 through 2026. The Legal 500 US also recognized him as a Leading Trial Lawyer throughout that period, while Chambers USA recognized him for Securities Litigation in New York each year from 2013 through 2026. He now brings that experience to helping parties resolve consequential disputes through arbitration and mediation with FedArb. Learn more about Daniel Slifkin: https://lnkd.in/gCcZHqX9 #FedArb #Arbitration #Mediation #ComplexLitigation #SecuritiesLitigation