Gary Birnberg

Gary Birnberg, Esq., FCIArb

JAMS Mediator and Arbitrator

Case Manager
Hayley Prager
T: 314-326-4769
190 Carondelet Plaza, Suite 1100, St. Louis, Missouri 63105


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. 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.

Mr. Birnberg also brings to the table significant, hands-on business expertise. Prior to joining JAMS, he provided strategic and business consulting services to companies in numerous sectors, including life sciences, industrials, technology and communications, energy, consumer goods and aviation, among others. Additionally, he provided consulting services to companies related to global business initiatives, such as creating and executing distribution expansion strategies. This experience greatly assists Mr. Birnberg in understanding the needs of cross-border, disputing business parties and assisting them in negotiating mediated workarounds and agreements. He is a sought-after speaker and trainer in various areas of ADR. Recently, he single-handedly mediated to settlement a US$600 million limit of liability insurance claim in an international, multi-lingual mediation with more than 50 participants, including insured, insured’s institutional shareholders, numerous insurers and re-insurers, and attorneys for all direct and interested parties.

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. He is active within the international legal community, staying current on local and international issues to continue his growth and expertise as a neutral.

Download General Biography in Portuguese

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
  • Insurance / Reinsurance
  • Franchise disputes
  • Art disputes
  • Sports & entertainment disputes
  • Real estate development and construction
  • Intellectual property
  • Oil & Gas
  • Securities
  • Maritime
  • Real estate transactions
  • Investments
  • Family business
  • Shareholder disputes
  • M&A
  • Private equity disputes
  • Employment

Representative Matters

Financial Markets
  • Mediated to settlement Brazilian anti-trust authority mandate for vertically-integrated monopolist (monopolist on exchange, clearing, and custodian levels) to accommodate viable entry of competition into the marketplace. This was a historic agreement that changed the nature of the US$1 trillion Brazilian securities market
  • Served as mediator in US$100+ million U.S. IPO of foreign telecommunications company: redressing toxic interplay among global investment banker and in-house legal and external local and international legal teams. Ultimately, designed internal dispute resolution system assuring successful continuation of IPO
  • Served as chair, arbitrator or as mediator in dozens of cases involving investor complaints against broker-dealers related to the sale of unsuitable products (including derivatives), fraud and other allegations
  • Served as mediator in scores of cases involving secured debt restructuring with major financial institutions.
  • Served as mediator in dozens of cases involving consumer claims against commercial banks for consumer policy malfeasance
  • Mediated to settlement a single US$600 million limit of liability coverage claim on a US$7 billion loss involving numerous insurers and reinsurers from multiple jurisdictions. The week-long mediation sessions included 56 participants managed by a single mediator
  • Mediated numerous cases involving coverage claims in areas of art theft, real estate, landlord-tenant, mining and natural disaster property damage and loss
  • Mediated to settlement dozens of commercial cases in which the agreement of an insurance company was necessary for settlement
  • Legal practice experience in medical malpractice cases involving insurance companies
Intellectual Property
  • Arbitrated ICC-administered dispute involving breach of contract by Japanese conglomerate in acquisition of US-based designer of sleeping devices
  • Mediated dispute between Chinese and US parties involving allegations of patent infringement
  • Mediated dispute involving French multinational seeking recovery of investment from Brazilian entity in failed joint venture to exploit claimant’s patented process for assembling wind turbine towers
  • Mediated dispute between Dutch and US companies involving competing contractual rights to sub-license technology developed by non-party patent holder
  • Mediated copyright infringement dispute between domestic parties involving copyright infringement of academic materials
Life Sciences
  • Major consulting project for a Top 10 pharmaceutical company involving production
  • Worked directly with senior counsel at a Big Three pharmaceutical wholesaler to develop a comprehensive conflict resolution platform for external disputes
  • Designed export distribution system to access major new national market previously closed to U.S. imports
  • Designed Brazilian import/assembly/distribution system for U.S.-based medical ventilator company
  • Designed U.S. import distribution system for foreign designer/manufacturer of medical furniture
  • Set up Brazilian distribution system for French company offering soft-tissue recovery devices for health and cosmetics
  • Worked on corporate financing projects for companies specialized in devices/systems for decentralized molecular diagnostics, real-time monitoring of patients' metabolic state and fertility detection
  • Worked on several projects with major hospital systems which involved recouping erroneously rejected claims for Federal program and private insurance claims

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) 
  • CAMARB - Brazilian Chamber of Business Arbitration
  • 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
  • CMAA Câmara de Mediação e Arbitragem ACIF (Associação Comercial e Industrial de Floranópolis)
  • 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
  • CAfA - Court of Arbitration for Art
  • KCAB International – Korean Commercial Arbitration Board International – Panel of International Arbitrators
  • Russian Arbitration Center at Russian Institute of Modern Arbitration
  • Vienna International Arbitral Center (VIAC)
  • Member, Board of Advisors, Câmara Especial de Resolução de Conflitos em Reestruturação de Empresas (CamCMR), Centro de Mulheres na Reestruturação Empresarial (CMR) [The Women’s Center of Business Restructuring], 2022
  • Member, Advising Committee, U.N. Convention on International Settlement Agreements Resulting from Mediation, 2022-present
  • Distinguished Fellow, International Academy of Mediators, 2021
  • Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
  • Member, National Academy of Distinguished Neutrals, Florida Chapter, 2020
  • Co-Chair, International Bar Association, Mediation Committee, 2019-2020
  • Immediate Past President, French-American Chamber of Commerce of Florida
  • Chair, Florida Chapter, Chartered Institute of Arbitrators (CIArb) North America Branch, 2019-2020
  • Fellow, CIArb (UK)
  • Member, CBAR - Brazilian Arbitration Committee
  • Member, Florida Association of Professional Mediators
  • Member, International Bar Association and its Mediation Committee
  • Chair, International Law Section, Mediation Committee, Florida Bar, 2020-2021
  • Member, International Law Section, Mediation Committee, Florida Bar
  • Member, Miami International Arbitration Society
  • Member, University of Pennsylvania Alumni Interview Program
  • Expert Assessor, CDRC Vienna: IBA-VIAC Mediation and Negotiation Competition, 2016-2019
  • Operating Committee, CDRC Vienna 2018-2021
  • Submissions Judge, CONIMA - CBAME, 2015-2019
  • Judge, CAMARB Mediation Competition 2018
  • Judge and Mediator, International Chamber of Commerce (ICC) International Mediation Competition, 2016-2020
  • Member Local Organizing Committee, Global Pound Conference: Miami, 2016-2017

Bar Admissions

  • District of Columbia (inactive)
  • Massachusetts (inactive)
  • Minnesota (inactive)
  • New York

Selected Presentations, Speaking Engagements, and Trainings Delivered

  • Guest Speaker, Conflicts and their Resolutions: A Global Adventure Through Time, Honors Social Science Methods/Theory Course, University of Texas, October 2021
  • Panelist, International Perspectives on Commercial Mediation, ILS Virtual Panel Series Novos Rumos Da Mediação Comercial Internacional, August 2021
  • Moderator, IBA annual conference, Mediation of International Commercial Disputes Pitfalls, Risks and Opportunities, November 2020
  • Panelist, The Implication of the Recently Signed Singapore Mediation Convention for Australian Practitioners; ILS International Law and Practice Course 2019 lecture; Sydney, Australia; August 2019
  • Resolving Art Disputes: Solutions for Stakeholders. Panel Discussion Moderated during Art Basel Miami Beach 2018
  • CAMARB VIII Brazilian Competition in Business Arbitration and Mediation: Panelist on Opening Panel The use of Mediation within Arbitration. 2018
  • GEMEP / CBAR 11 International Congress on Business Mediation. Panelist: The Value-Added of Mediation 2018
  • ICFML Webinar: Best Practices in Mediation Advocacy
  • CDRC - Vienna: Training co-delivered on Multicultural Mediation 2017 and 2018
  • CAMRJ in association with CAMP (Paris Maritime Arbitration Chamber) Training in 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

Selected Awards
  • Recognized as a Best Lawyers "Best Lawyer in America" in Arbitration and Mediation, 2022
  • Listed as a 2021 Excellent Mediator, Dispute Resolution Category, Leaders League Brazil
  • 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

    • "It was a very productive day with a successful outcome, which I attribute to [Mr. Birnberg’s] skills. I enjoyed working with [Mr. Birnberg] on this and will certainly request [his] assistance in the future as the need arises.  Thanks for the professionalism, skill and good nature. It all helped get [the case] resolved."

    • "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
    • "Agradeço imensamente pela liderança e habilidade em nos conduzir em processo tão complexo" Translation: "I thank you immensely for your leadership and ingenuity in directing us through such a complex process"
    • "It was a great week. You truly did an amazing job. Big egos, big pockets... you did amazing to get it done"
    • "Fiquei absolutamente encantado com a maneira muito habilidosa como conduziu um conflito tão complexo subjetiva e objetivamente" Translation: "I was absolutely enchanted with the skilled, unbiased manner in which you conducted [this mediation based on] such a complex and subjective conflict"



Practice Areas

  • Arbitration
  • Aviation
  • Business/Commercial
  • Class Action/Mass Tort
  • Construction
  • Employment
  • Energy & Utilities
  • Entertainment & Sports
  • Financial Markets
  • Insurance
  • Intellectual Property
  • International & Cross-Border
  • Life Sciences
  • Personal Injury/Torts
  • Professional Liability
  • Real Property
Available worldwide


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