Stephen Fahlsing, Author at FedArb

A Primer for Attorneys Who Are Retained To Represent Clients in an Arbitration

Reprinted with permission from the New York State Bar Association. Lawyers are often retained to represent a client in a business or insurance dispute where the contract that the client brings to the lawyer contains a mandatory arbitration clause. While the lawyer is a seasoned litigator who has tried many jury cases and argued many... Read more »

Former Cravath Litigation Department Head Daniel Slifkin Joins FedArb

Former head of Cravath’s Litigation Department brings extensive trial and arbitration experience in high-stakes commercial and securities disputes October 01, 2026 — FedArb announced today that Daniel Slifkin has joined as an arbitrator and mediator. Mr. Slifkin brings more than three decades of experience litigating complex commercial, securities, corporate governance, financial services and cross-border disputes…. Read more »

Mega Construction Projects: Early Dispute Planning Matters — So Does Who Decides the Case

Megaprojects rarely fail all at once. Delays accumulate, costs drift, a supplier misses a delivery window, and a disagreement that could have been resolved on site becomes a claim and then an arbitration. By the time counsel hears the words "file the arbitration," many of the most valuable opportunities to manage the dispute have already... Read more »

The Expanding Role of Receiverships in the Commercial Division

Hon. Elizabeth H. Emerson (Ret.) Previously published in The Legal Brief, The Magazine of the Suffolk County Bar Association. I recently had the privilege of presenting on the topic of Receiverships during the annual Judicial Seminars. The summer seminars are organized by the New York State Judicial Institute where the Honorable Kathie E. Davidson serves as... Read more »

The Finality Paradox: En Banc Third Circuit Confronts the Limits of Arbitral Authority

FedArb panelist Jose L. Linares (R) and Mark Makhail (L) of McCarter & English. The court’s ultimate en banc decision carries sweeping national implications, threatening to redefine the strategic landscape for advocates, corporate entities, and domestic arbitrators alike. Reprinted with permission from the New Jersey Law Journal. Download the pdf. By Jose L. Linares and Mark... Read more »

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' 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 »

Hon. R. David Proctor Joins FedArb Following Appointment as Mediator in Musk v. Altman

Former Chief Judge brings extensive experience managing multidistrict litigation, class actions and other complex disputes. July 21, 2026 – FedArb today announced that Hon. R. David Proctor Ret. has joined its panel of neutrals, where he will serve as a mediator and special master in complex disputes nationwide. Judge Proctor’s addition follows his appointment by… 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 U.S. District Judge Walter D. Kelley Jr. Joins FedArb as Arbitrator and Mediator

Former federal judge brings judicial authority, appellate perspective and decades of plaintiff- and defense-side business litigation experience to complex commercial, antitrust and intellectual property disputes. June 22, 2026 – FedArb is pleased to announce that Hon. Walter D. Kelley Jr. has joined its panel as an arbitrator and mediator. Based in Washington, D.C., Judge Kelley… 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

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

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 »

Mediator’s Proposals After ABA Opinion 518: Ethics, Effectiveness, and the Reality of Breaking Impasse

Reprinted with permission from the February 13, 2026 issue of The New York Law Journal. Further duplication without permission is prohibited. All rights reserved. Download a PDF of this article.. Mediator’s proposals have long occupied a contested space in mediation practice. For some neutrals, they are an indispensabletool for breaking impasse; for others, they raise… 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

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 »

Posts By: Stephen Fahlsing