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Posts By: Stephen Fahlsing

NYSBA’s Arbitration Training: A Valuable New Tool for Arbitrators and Counsel

Reprinted with permission from the New York State Bar Association. Download the pdf. By John Burritt McArthur On July 17-19, 2023, the New York State Bar Association held its 11th annual arbitration training program, co-sponsored by Cardozo Law School and covering every major step in arbitration process and the major questions arbitrators frequently need to... Read more »

12 FedArb Neutrals Recognized in Chambers 2026 Rankings

Chambers Top Ranked Individuals USA 2026: FedArb Neutrals
Chambers' 2026 rankings recognized 12 members of the FedArb panel across arbitration, mediation and several areas of complex litigation. These distinctions reflect the breadth of experience FedArb neutrals bring to disputes involving sophisticated legal, commercial and regulatory issues. The recognitions span a range of practice areas, from international arbitration and e-discovery to white-collar investigations, construction... Read more »

FedArb Becomes a Public Benefit Corporation to Advance Efficient Dispute Resolution

FedArb has completed its conversion to a Delaware Public Benefit Corporation, amending its certificate of incorporation with the Delaware Secretary of State and formalizing its commitment to improving the administration of justice through efficient, fair, and expertly managed alternatives to traditional litigation. As a Public Benefit Corporation, FedArb has committed to: Reducing pressure on overburdened... Read more »

The Whys and Hows of a Mediator’s Proposal

Reprinted with permission from the New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article. It is a common refrain in mediations, “how about making a mediator’s proposal?” The answer frequently is “not yet” or “that’s not what I want to do.” What are the details behind... Read more »

Former Munger Tolles Co-Managing Partner Mark B. Helm Joins FedArb

Experienced arbitrator and nationally recognized trial lawyer brings deep expertise in complex business disputes, asset management, entertainment, trade secrets and corporate governance. June 2, 2026 – FedArb is pleased to announce that Mark B. Helm, Esq., has joined its panel as an arbitrator and mock panelist for dispositive motion and appellate arguments. Mr. Helm joins… Read more »

International Arbitration Legend R. Doak Bishop Joins FedArb

R. Doak Bishop

One of the world’s most decorated arbitrators — described by Chambers as “a legend” and “preeminent” — joins FedArb’s panel following a 40-year career at the forefront of international dispute resolution. May 5, 2026 – FedArb is pleased to announce that R. Doak Bishop has joined its panel. Mr. Bishop is one of the most… Read more »

Real-World Mediation Strategies for Case Resolution

Real-World Mediation Strategies for Case Resolution In this recorded webinar, Heidi Freeman (Partner and Chair of Thompson Hine’s Sustainability group) joins forces with Steven Greenspan (Mediator at FedArb and former Chief Litigation Counsel for RTX) to pull back the curtain on the mediation process. Drawing from decades of experience on all sides of the table—outside... Read more »

What Mock Exercises Reveal That Briefs Cannot

Reprinted with permission from The New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article. Lawyers devote enormous time and care to crafting briefs. They refine arguments, polish language, and anticipate counterpoints. Yet even the most carefully written submission cannot fully answer a critical question: how… Read more »

Retired Paul Hastings Partner Kurt Hansson Joins FedArb to Expand New York Presence in High-Stakes Disputes

Veteran litigator and trusted advisor to global corporations takes on newly created role to strengthen FedArb’s engagement with leading law firms and in-house counsel in the nation’s most consequential legal market. April 7, 2026 — New York – FedArb today announced that Kurt Hansson, a longtime partner in Paul Hastings’ Complex Litigation and Arbitration practice,… Read more »

What Former Federal Judges See That Your Trial Team Doesn’t

Ken Hagen
Litigation war-gaming and mock exercises for complex commercial disputes There is a specific moment in almost every mock exercise that surprises counsel. It is not when the panelist identifies a weak argument — teams usually sense those already. It is when a former federal judge dismisses an argument that everyone on the case team considered... Read more »

Testing Your Arbitration Dispute in a Mock Arbitration

Reprinted with permission from the New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article: A valuable preparation option for any high-stakes arbitration is the mock arbitration, which serves many of the same purposes as mock trials and jury research for court cases. Mock arbitrations serve to: Identify... Read more »

Fixing ‘Unfixable’ Errors in Arbitration Awards

Reprinted with permission from the February 18, 2026 issue of The New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article. Imagine that you are a pilot, physician, lawyer, accountant, engineer, military commander, plumber, teacher, or anyone whose job is to make decisions. Now imagine that… Read more »

How to Avoid and Break Mediation Impasse

Reprinted with permission from the New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article: The very reason for mediation is that the parties are in dispute, whether it a broken business contract, frustrated joint venture partners, a terminated executive, a securities class action, insurance counterparties or... Read more »

ADR and the Future of Climate Change Disputes

Reprinted with permission from the January 16, 2026 issue of The New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article.. As the impacts of our changing climate become more apparent, litigation has emerged as one of the primary tools for holding fossil fuel companies and… Read more »

ABA Opinion 518: A Reaffirmation of Established Ethics Rule; Not a Constraint on Effective Lawyer-Mediators

This article originally published in the Connecticut Law Tribune. Click here for the PDF. The American Bar Association recently issued Formal Opinion 518 addressing the ethical obligations of lawyers serving as third-party neutral mediators. While the Model Rules of Professional Conduct have long included provisions governing lawyer-mediators, Opinion 518 interprets those existing rules to address,… Read more »

California’s SB 940 and the Evolving Strategic Landscape of Mass Arbitration

Ken Hagen
It’s been nearly a year since SB 940 took effect in California, fundamentally altering consumer arbitration by (1) allowing consumers to resolve disputes in small claims court (if the dispute qualifies), even if the contract mandates arbitration; and (2) allowing traditional discovery, subject to the approval of the arbitrator, even if the arbitration agreement prohibits... Read more »

Arbitrating securities fraud cases: Balancing efficiency with investor rights

Ken Hagen

This article originally published in the Daily Journal. Click here for the PDF. The SEC now allows mandatory arbitration in IPOs, reshaping litigation risk for public issuers, raising governance and insurance questions, and making expert, well-structured arbitration crucial for fair, efficient resolution of securities disputes. The U.S. Securities and Exchange Commission’s September 2025 policy shift… Read more »

MassArb 2.0: From Batches and Bellwethers to MDL-Style Fairness

Ken Hagen
Recent public commentary has raised alarm bells about mass arbitration protocols being misused by defendants to “delay justice” or “tilt the playing field.” That concern is valid—but it doesn’t apply universally. It would be a mistake to treat all structured arbitration models as procedurally unfair or inherently suspect. In fact, done right, mass arbitration can... Read more »

Designing Business Disputes: How Shall We Fight?

Reprinted with permission from the October 28, 2025 issue of the New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article. Experienced lawyers are creatures of habit. They sometimes overlook that clients have the freedom at any time to design dispute resolution procedures that work best… Read more »

Anchoring Mediation in the Merits: A Practical Approach for Neutrals

Reprinted with permission from the September 30, 2025 issue of Law.com. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article. In complex disputes, mediators sometimes fall into the trap of rushing too quickly toward numbers—talking demands, offers, and bottom lines before the mediation has even had a chance to… Read more »