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Gary Birnberg

Gary Birnberg, Esq., FCIArb

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Case Manager
Sherman Humphrey
T: 305-371-5267
F: 305-371-5288
600 Brickell Ave. , Suite 2600 , Miami , FL 33131

Gary Birnberg, Esq., FCIArb is a seasoned ADR professional, specializing in the resolution of a diverse array of commercial matters, both domestic and international. He has served as mediator, arbitrator or special master in hundreds of disputes and is known for employing his legal acumen and business skills to quickly grasp the facts in complex cases. Mr. Birnberg is a Florida Supreme Court Certified Circuit and Appellate mediator admitted to the Bar in four U.S. states, including New York and the District of Columbia.

He frequently speaks and provides trainings on various areas of ADR, as he stays current on local and international issues to continue his growth and expertise as a neutral and to stay active within the legal community worldwide.

Mr. Birnberg is a U.S. citizen and permanent resident of Brazil, fluent in English, French, and Portuguese with conversational capacity in Italian and Spanish. Download General Biography in Portuguese

He is appreciated by attorneys and clients for his ability to nurture trust and for the determination and creativity that he employs to find common settlement ground among the parties.

ADR Experience and Qualifications

More than 30 years of experience as a commercial dispute resolution and business relations intermediary, management consultant, corporate board member, entrepreneur, trainer, speaker, and advisor to companies worldwide.

Experienced as a mediator and arbitrator in the resolution of high-value, complex, international, cases in the areas of:

  • Commercial contracts
  • Franchise disputes
  • Real estate development and construction
  • Intellectual property
  • Securities
  • Maritime
  • Real estate transactions
  • Investments
  • Family business
  • Shareholder disputes
  • M&A
  • Private equity disputes
  • Employment

Representative Matters

  • Involving shareholder rights and valuation, including dissolutions, minority share valuations upon sale 
  • Disputes involving Franchisors and Franchisees, including intellectual property, misrepresentation, and early termination
  • A series of disputes involving early termination of Franchisees 
  • Insurance and reinsurance disputes
  • Disputes involving Real Estate development
  • Disputes involving private equity transactions
  • Asbestos claims
  • Consumer disputes
  • Matters arising from corporate transactions, including M&A, in domestic and cross- border cases
  • Coordinating efforts, as a mediatory project manager, for a multinational, multidisciplinary team working on an international IPO valued at U.S. $130 million
  • Multi-party matters involving complex liability, including with maritime cases
  • Matters related to financial restructuring, involving major global banks
  • Family business disputes, including succession
  • Patent and Trademark infringement, including industrial design
  • Cross-border probate

ADR panel appointments with multiple organizations including:
  • ADR Agency For Dispute Resolution (Los Angeles)
  • CAE Mediation and Arbitration Chamber of European Chambers of Commerce (São Paulo)
  • CAM-CCBC – Center of Arbitration and Mediation – Brazil-Canada Chamber of Commerce (São Paulo) 
  • CAMRJ Maritime Arbitration Chamber of Rio de Janeiro
  • CBMA - Brazilian Center of Mediation and Arbitration (Rio de Janeiro)
  • CCFB Mediation Center of the Chamber of Commerce France-Brazil (Rio de Janeiro)
  • CIESP/FIESP Center of Industries of the State of São Paulo / Federation of Industries of the State of São Paulo
  • CMAP Mediation and Arbitration Center of Paris
  • CPR International Institute for Conflict Prevention and Resolution (New York)
  • CPR-CMAP joint panel for complex, high value, bilingual, international commercial cases
  • FINRA
  • Recognized in the List of Mediators of the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada (“CAM-CCBC”)
  • President, French-American Chamber of Commerce of Florida
  • Board Member, French-American Chamber of Commerce (USA)
  • Vice President, French-American Chamber of Commerce of Florida
  • Secretary-Treasurer, International Bar Association (IBA) Mediation Committee
  • Fellow, Chartered Institute of Arbitrators (UK)
  • Member, CBAR - Brazilian Arbitration Committee
  • Member, Florida Association of Professional Mediators
  • Member, International Bar Association and its Mediation Committee
  • Member, International Law Section, Florida Bar and its Mediation Committee
  • Member, Miami International Arbitration Society
  • Member, University of Pennsylvania Alumni Interview Program
  • Judge, CDRC Vienna: IBA-VIAC Mediation and Negotiation Competition, 2016
  • Submissions Judge, CONIMA - CBAME, 2015-2016
  • Judge and Mediator, ICC (International Chamber of Commerce) International Mediation Competition, 2016-2017
  • Member Local Organizing Committee, Global Pound Conference: Miami, 2016-2017

Bar Admissions

  • District of Columbia
  • Massachusetts
  • Minnesota
  • New York

Selected Presentations, Speaking Engagements, and Training

  • CAMRJ in association with CAMP (Paris Maritime Arbitration Chamber) Commercial Arbitration in Maritime Activities
  • Catholic University of São Paulo - Guest Lecturer : Mediation and International Business: New Practices in Conflict and Dispute Resolution
  • CBMA - Commercial Mediation Training Course. Commercial Mediation in the USA
  • CCFB - Seminars in Mediation Advocacy, Mediation for Executives, and Advanced Mediation Workshop
  • CMAP – CCFB - Commercial Mediation Training Course
  • CONIMA (National Council of Arbitration and Mediation Institutions) - 2015 CBAME - Brazilian Convention for Business Arbitration and Mediation. Panelist: Opening Session and Mediation in Intellectual Property
  • Milton Campos Law School - The Role of Mediation in Brazilian Society
  • OAB-MG Bar Association of Minas Gerais: I Congress of Mediation and Conciliation: Mediation Advocacy: How Attorneys can Rise to the Challenge
  • Private Equity World Latin America 2015 - Panel: The Exit Debate - Corporate Acquisitions, Secondary Deals, and Non Traditional Paths
  • M.B.A., INSEAD, 1986
  • J.D., Boston University School of Law, 1985
  • B.A., International Relations, University of Pennsylvania, 1981

Nationality and Languages
Mr. Birnberg is a Citizen of the USA and has Permanent Residency status in Brazil. He speaks, reads, and writes on a fluent, professional level in English, French and Portuguese. He also speaks conversational Italian and Spanish.

Counsel Comments

    • "He is persistent and creative. If a settlement is possible, he will make it happen."
    • "I have worked with many of the best mediators in this city. Nobody is more effective than Gary.” 

      - Litigator/Partner of Miami-based Law Firm
    • "How did you do that?" 

      - The identical comment of several attorneys who went through successful mediations with Mr. Birnberg that they anticipated would never settle

News

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    Specialties

    • Arbitration
    • Business/Commercial
    • Class Action/Mass Tort
    • Construction
    • Employment
    • Financial Markets
    • Intellectual Property
    • International
    • Professional Liability
    • Real Property

    Disclaimer

    This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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