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Gary Birnberg

Gary Birnberg, Esq., FCIArb

Case Manager
Sarah Nevins
T: 313-209-8851
F: 313-872-1101
150 West Jefferson, Suite 850, Detroit, MI 48226


Gary Birnberg, Esq. joins JAMS as a seasoned ADR professional, specializing in the resolution of a diverse array of commercial disputes including contractual, intellectual property, real estate/construction, insurance, maritime, financial transactions, and shareholder disputes. Mr. Birnberg has served as an international mediator, arbitrator or special master in hundreds of commercial 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.

A member of dispute resolution panels of 10 institutions in Brazil, France, and United States, his practice is primarily focused on international disputes. An active participant in the global mediation community, Mr. Birnberg is a member and Secretary-Treasurer of the IBA Mediation Committee, a frequent speaker at conferences, university lecturer, competition judge and coach (including ICC, Vis, and CDRC) and advocate of expanded and innovative uses of mediation.

Mr. Birnberg dedicated more than 20 years to international management consulting and entrepreneurship, starting at the Paris office of the global consultancy Oliver Wyman. He has worked in more than 20 industries in 14 countries and has served as mediator or arbitrator in hundreds of commercial conflicts.

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 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. 

ADR Experience and Qualifications

  • 20 years of experience in international management consulting, spanning 14 countries and more than 20 industries
  • Experienced mediator and arbitrator in the resolution of high-value, complex, international cases in the areas of commercial contracts, construction, intellectual property, maritime, real estate transactions, investments, business, M&A, and private equity disputes
  • Settled hundreds of commercial disputes
  • Florida Supreme Court’s Civil (2010) and Appellate Mediator Certification (2012)

Representative Matters

  • Matters involving shareholder rights and valuation, including dissolutions, minority share valuations upon sale, disputes involving private equity transactions
  • 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
  • Business restructuring: global aluminum producer
  • Contract disputes and additional work in aviation industry
  • Real estate development, construction, and finance
  • Insurance and reinsurance matters
  • Work in and related to the following additional industries/services: public transport PPP, pharmaceuticals, medical devices, medical administrative services, business travel management, film and entertainment, investments, consumer electronics, eyewear
  • Co-Chair, International Bar Association, Mediation Committee, 2019
  • Chair, French-American Chamber of Commerce of Florida
  • 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
  • Expert Assessor, CDRC Vienna: IBA-VIAC Mediation and Negotiation Competition, 2016-2018
  • Operating Committee CDRC Vienna 2018-2019
  • Submissions Judge, CONIMA - CBAME, 2015-2019
  • Judge CAMARB Mediation Competition 2018
  • Judge and Mediator, ICC (International Chamber of Commerce) International Mediation Competition, 2016-2019
  • Member Local Organizing Committee, Global Pound Conference: Miami, 2016-2017

Bar Admissions

  • District of Columbia
  • Massachusetts
  • Minnesota
  • New York

Selected Presentations, Speaking Engagements, and Trainings Delivered

  • 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
  • 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



Practice Areas

  • Arbitration
  • Business/Commercial
  • Class Action/Mass Tort
  • Construction
  • Employment
  • Energy & Utilities
  • Entertainment & Sports
  • Financial Markets
  • Intellectual Property
  • International
  • Professional Liability
  • Real Property
Available worldwide


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