Don Philbin

Don Philbin

President, Picture It Settled®
Attorney and Mediator

ADR Toolbox  |  Picture It Settled®

Experience Experience   Publications Publications   Contact Information Contact Information

Summary

Don Philbin, J.D., M.B.A., LL.M., is an AV-rated attorney-mediator and president of Picture It Settled®, a software company that develops predictive analytics for negotiation based upon deep data from thousands of litigated cases.

After litigating commercial cases, forging business deals and case resolutions as general counsel and president of technology companies, and mediating hundreds of individual and collective cases in a wide variety of substantive areas, Don observed that the rhythm of the negotiation dance was predictable. So he collected data on thousands of cases from lawyers, companies, mediators, and other sources. Studying the patterns in two dimensions (money and time), he developed Picture It Settled.

Using neural networks, predictive modeling, and genetic algorithms, Don, with considerable assistance from scientists at Southwest Research Institute®, isolated trends across groups of similar negotiations and trends that develop within particular negotiations. Now Picture It Settled® web-based software and its mobile app help negotiators optimize their concession strategies and predict where a round will end.

Don Philbin was one of three Texas mediators listed in the inaugural edition of The International Who’s Who of Commercial Mediation (2011; one of five Texas mediators in the 2012 edition), was recognized as the 2011 Outstanding Lawyer in Mediation by the San Antonio Business Journal, and is repeatedly listed in: The Best Lawyers in America, Texas Super Lawyers, The Best Lawyers in San Antonio, and the U.S. News and Best Lawyers “Best Law Firm” survey. Don Philbin is a charter and executive committee member of the Texas Academy of Distinguished Neutrals, and an elected fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators. In addition, Philbin was one of the first U.S. mediators certified under the international standards established by the International Mediation Institute.

Don Philbin, Mediator - Best Layers Lawyer of the Year, 2014

Experience

May 2011 - Present

Attorney-Mediator, Negotiation Consultant & Trainer, Arbitrator

Various panels and affiliations


Don Philbin has extensive experience and education in the fields of business, law, negotiation, and mediation, and mediates individual and class matters in a range of substantive areas. He teaches academic and professional skill courses at Pepperdine Law’s Straus Institute for Dispute Resolution.

Don's most recent venture is the startup software company Picture It Settled™. The program is designed to help litigants plot successful negotiation strategies, calculate strategic moves, and graph paths to optimum settlement. Picture It Settled™ Lite is currently available as an app on Apple, Android and BlackBerry smartphones. This research also informs his mediation practice and teaching.

June 2010 - Present

Fellow

International Academy of Mediators


The mission of the International Academy of Mediators is to define standards and qualifications for the professional mediator of commercial disputes and to promote the mediation process as the preferred means of resolving disputes.

The Academy fosters the highest standards of integrity and competence in the mediation of commercial disputes. Promoting the study and understanding of the mediation process, and educating the public, courts and legislative bodies on effective and appropriate uses of mediation are at the core of IAM's mission. The Academy also encourages friendly association among the members of the profession and cooperation with other organizations, institutions and societies interested in mediation.

An Academy goal is the general acceptance of the concept of mediation as a separate discipline and profession, distinct from other fields. This aspect of the mission achieves a recognition of high qualifications and standards for IAM Membership

June 2010 – Present

Fellow

National Academy of Distinguished Neutrals


The National Academy of Distinguished Neutrals is an association whose membership consists of ADR professionals distinguished by their hands-on experience in the field of civil and commercial conflict resolution, and by their commitment to the practice of alternative dispute resolution.

Membership is by invitation only and limited to attorney mediators and arbitrators who have proven experience in the field. All Academy members have been thoroughly reviewed and found to meet stringent practice criteria. Members are amongst the most in-demand neutrals in their respective states, as selected by both peers and local litigation firms.

June 2010 - Present

Fellow

Texas Academy of Distinguished Neutrals


The Texas Academy is a statewide association whose membership consists of the state's most well established mediators and arbitrators, all of whom have proven experience in the resolution of civil & commercial disputes.

Our website provides a useful roster of experienced neutrals for the benefit of both law firms and the public, allowing visitors to quickly search by preferred region, case expertise and to check members' availability dates online, where published. Our database expedites the selection & scheduling process for firms and staff who require the services of mediators/arbitrators on a regular basis.

April 2010 - Present

President

Picture It Settled®


Picture It Settled™ Enterprise Software helps negotiators map-out successful negotiation strategies, calculate strategic moves, and graph paths to optimum settlements.

San Antonio attorney-mediator Don Philbin developed Picture It Settled™ software with the expert assistance of one of the largest nonprofit applied research and development organizations in the United States.

The beta version of the software is set to launch 2012 to help litigants analyze their positions and plot successful negotiation strategies using patent-pending algorithms, neural networks, and data from thousands of case settlement negotiations.

Some of the intelligence in the enterprise version is currently available on smartphone devices. The Lite version tracks the dollar moves in negotiations and time intervals between offers. The app then analyzes the offer history and graphs the effects of such moves on the likelihood of reaching a settlement by testing the patterns on each side. It projects the expected results in measurements of dollars and time commitment, which helps both parties in negotiation visualize if and when the should settle for optimum outcome.

The Lite version is currently available for free download on Apple, Android, and Blackberry devices.

December 2009 - Present

Fellow

American Academy of Civil Trial Mediators


The American College of Civil Trial Mediators is a non-profit organization of professionals distinguished by their experience, skill, ethical standards, and professional commitment to mediation, conflict management, and alternative dispute resolution.

The members are dedicated to improving ethical and professional standards of mediation practice, fostering the growth of alternative dispute resolution systems, conducting advanced ADR educational programs and research, authoring publications, lecturing, and recognizing individuals, organizations, and institutions making significant contributions to ADR.

November 2009 - Present

Panel Mediator

Mediation Works Incorporated (MWI)


MWI is a nationally recognized dispute resolution services and training firm specializing in resolving difficult business, commercial and organizational disputes.

Founded in 1994, MWI has provided mediation and arbitration services as well as negotiation training and consulting to thousands of corporate, institutional and non-profit clients. MWI’s panel of over 125 mediators, arbitrators and trainers is comprised of the most seasoned and respected practitioners in the industry. A majority of MWI trainers are professional mediators and have provided training throughout the United States, Europe, Asia, South America and the Middle East.

MWI also has expertise in meeting facilitation, organizational ombuds services and dispute resolution system design. For more information, please call Mediation Works Incorporated at 800-348-4888 or send an email to mwi@mwi.org.

July 2009 - Present

Panel Mediator

National Arbitration and Mediation, Inc. (NAM)


NAM offers litigants a nationwide panel of approximately 2,000 top-tier former judges and practicing specialists uniquely qualified to facilitate the resolution of disputes in a private forum. The company maintains rosters in all 50 states, including Puerto Rico, with specific expertise in the areas of Complex Commercial, Personal Injury, Professional Liability, Construction, Insurance, Employment, Business and Real Estate dispute resolution. NAM administered ADR programs reflect a deep understanding of the marketplace, by affording clients effective ADR processes and an outstanding roster.

July 2009 - Present

Certified Mediator

International Mediation Institute


IMI is a non-profit Foundation and registered charity established in 2007 as a global public service initiative to drive transparency and high competency standards into mediation practice across all fields, worldwide. IMI is Internet-based and operates worldwide but has its main office in The Hague, The Netherlands.

August 2008 - Present

Adjunct Professor

Pepperdine University School of Law -- Straus Institute for Dispute Resolution


The Straus Institute for Dispute Resolution at Pepperdine University School of Law is one of the world's leading educational programs in the field of dispute resolution. Straus offers two tracks of training; professional training programs and academic programs in dispute resolution including the Certificate, Master's (M.D.R.) and LL.M. in Dispute Resolution.

Repeatedly recognized as the foremost academic center of its kind, the Institute brings together an unparalleled full-time teaching and research faculty with scholars and practitioners from throughout the U.S., Canada, Latin America, Asia and Europe. Its broad and deep curricular offerings serve emerging lawyers as well as experienced mid-career professionals, business persons, and religious and community leaders. In the over twenty one years since its founding, the Straus Institute has established itself as a standard of excellence in preparing effective negotiators, peacemakers and problem solvers and a driving force for improving the culture of conflict in America.

The Straus Institute stands as the pillar in conflict resolution research with the acquisition of the world's leading library from the American Arbitration Association. Consisting of over 24,000 titles, the AAA library includes titles on subjects ranging from international arbitration to consumer disputes and health law to the history and growth of public and private dispute resolution practices in the U.S. and abroad.

The Straus Institute at Pepperdine has been ranked as the #1 law school dispute resolution program in the nation by U.S. News and World Report: Guide to Graduate Schools. The U.S. Court of Appeals for the Ninth Circuit, the American College of Civil Trial Mediators, the International Academy of Mediators, the Southern California Mediation Association and the Los Angeles County Bar Association have also recognized Straus for excellence in dispute resolution educational programs for practicing professionals.

May 2008 - Present

Panelist and Shareholder

Conflict Solutions of Texas


Civil litigation can be protracted and expensive. Court proceedings are typically unpleasant for any individual or business entity involved in dispute. Besides economic considerations, some matters are simply too technical or too sensitive to be resolved in a public jury trial.

Arbitration options exist. Arbitration clauses are written into business contracts covering a broad spectrum of commercial activity. Texas appellate courts have regularly enforced these clauses. In addition, parties not obligated to do so are choosing to arbitrate to keep out of the court system. Conventional arbitration is not without detractors. It can be as expensive and prolonged as courtroom litigation. Perceived “split-the-baby” awards are causes for further concern. For many, dissatisfaction with arbitration is based on their own unsatisfactory experiences with the process.

The solution is a light, efficient, flexible and economical form of arbitration. Conflict Solutions delivers this promise through our superior panel of arbitrators, rules and protocols designed for fairness and efficiency, effective use of technologies, a structured option to convert to mediation and no administration or filing fees.

January 2008 - Present

Panel Mediator

United States District Court Southern Texas


Parties interested in ADR are encouraged to select a provider (a mediator, arbitrator or other neutral) from the lists of providers approved under that rule. Unless the court orders otherwise, however, parties are free to select a provider who does not appear on these lists.

Lists are available that show all approved providers, or only those who have stated that they will travel to a specific divisional office.

The listing of ADR Providers as "available" for arbitration, mini-trials and summary jury trials is not an endorsement or representation by the court that the ADR Provider in fact has been trained in one or more of these processes.

Litigants are encouraged to review the provider's applications, which are on file with the United States District Court Clerk's Office, Room 5300, 515 Rusk Street, Houston, Texas 77002, before making a selection based on representation as to training on this list. Copies of individual ADR Provider's applications may be requested by writing or calling the ADR Deputy, (713) 250-5466.

August 2007 - Present

Panels of Distinguished Neutrals

CPR - International Institute for Conflict Prevention and Resolution


CPR was founded in 1979 as the Center for Public Resources from a coalition of leading General Counsel dedicated to identifying and applying appropriate alternative solutions to disputes thereby mitigating the extraordinary costs of lengthy court trials. That determination is still at the heart of CPR’s activities today.

We are pioneers and leaders in the area of dispute resolution. We were the first organization to bring together Corporate Counsel and their law firms to find ways of mitigating the extraordinary costs and delays of litigation, while achieving more satisfying and lasting results through appropriate alternatives, like negotiation, mediation, and arbitration.

We believe that the culture and practice of the way in which businesses settle disputes, nationally and internationally, needs vast revision in order to untie the bonds of lengthy and excruciatingly expensive litigation.

We believe that every effort to promote the appropriate use of mediation, arbitration, and other strategies must continue to be explored and used. And, we believe that CPR has an unparalleled role in exacting these changes.

We fulfill our mission by:

* Convening high-level meetings between General Counsel, Deputy General Counsel, Senior Partners, and Managing Partners at members-only meetings and programs, as well as through the efforts of our member committees and task forces.

* Providing up-to-the-minute research information and case law in our other printed publications, online materials, and CPR in-person or electronic counseling on ADR procedures and drafting.

* Resolving disputes via our Panels of Distinguished Neutrals, our non-administered procedures, and our unparalleled ability to get parties to the table.

2007 - Present

Panel Mediator

United States District Courts Western Texas


The court may refer a case to ADR on the motion of a party, on the agreement of the parties, or on its own motion; however, the court may refer a case to arbitration only with the consent of the parties (including but not limited to their consent by contract to arbitration). If the parties agree upon an ADR method or provider, the court will respect the parties’ agreement unless the court determines that another ADR method or provider is better suited to the case and parties. If the parties are unable to agree on an ADR provider, the court will select a provider.

January 2006 - Present

Attorney - Mediator - Arbitrator - Consultant

ADRtoolbox.com


Don Philbin, J.D., M.B.A., LL.M., is an AV-rated attorney-mediator and adjunct professor of law. Philbin has extensive experience and education in the fields of business, law, negotiation, and mediation, and mediates individual and class matters in a range of substantive areas. He teaches academic and professional skill courses at Pepperdine Law’s Straus Institute for Dispute Resolution.

Mr. Philbin’s most recent venture is the startup software company Picture It Settled™. The program is designed to help litigants plot successful negotiation strategies, calculate strategic moves, and graph paths to optimum settlement. Picture It Settled™ Lite is currently available as an app on Apple, Android and BlackBerry smartphones. This research also informs his mediation practice and teaching.

Don Philbin was one of three Texas mediators listed in the inaugural edition of THE INTERNATIONAL WHO’S WHO OF COMMERCIAL MEDIATION (2011), recognized as the 2011 Outstanding Lawyer in Mediation by the SAN ANTONIO BUSINESS JOURNAL, and repeatedly listed in: THE BEST LAWYERS IN AMERICA, TEXAS SUPER LAWYERS, THE BEST LAWYERS IN SAN ANTONIO, and the U.S. NEWS and Best Lawyers “Best Law Firm” survey. Don Philbin is a charter and executive committee member of the Texas Academy of Distinguished Neutrals, and an elected fellow in the: International Academy of Mediators, American Academy of Civil Trial Mediators, and American Academy of e-Neutrals. In addition, Philbin was one of the first U.S. mediators certified under the international standards established by the International Mediation Institute.

1996- 2005

General Counsel / COO / President

U.S. Long Distance / LCI / Qwest / Billing Concepts


1993 - 1996

Attorney / Partner

Wheatley & Sharpe


1987 - 1993

Attorney

Oppenheimer Rosenberg Kelleher & Wheatley


January 1986 - January 1987

Member

Pepperdine Moot Court Board


The Moot Court Board is composed of second- and third-year law students who are chosen on the basis of their performance in intramural moot court competition.

January 1986 - January 1987

Recipient

Pepperdine University - Margaret Martin Brock Scholarship in Law


Margaret Martin Brock Scholarship in Law

The individuals selected each year to receive this scholarship are designated as Margaret Martin Brock Scholars. This scholarship fund was established by the late Mrs. Margaret Martin Brock, nationally recognized civic leader and longtime friend of the University and a founding member of the Law School Board of Visitors.

January 1985 - January 2987

Member

Pepperdine Law Review


A law review (or law journal) is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association. The term is also used to describe the extracurricular activity at law schools of publishing the journal.

1984

Intern

The White House


The White House Internship Program provides a unique opportunity to gain valuable professional experience and build leadership skills. This hands-on program is designed to mentor and cultivate today’s young leaders, strengthen their understanding of the Executive Office and prepare them for future public service opportunities.

January 1983 - January 1984

Chief Justice

Trinity University Student Judicial Board


January 1983 - January 1984

Teaching Assistant

Trinity University Writing Center


The Writing Center is a student staffed organization designed to provide assistance with paper writing. The students give advice on all levels of composition, from overall argument structure to syntax and punctuation.

1983

Intern

The United States Senate


The Senate Intern program is a tradition that has been part of the United States Congress for many years. In the Senate, interns provide a valuable service that not only renders substantial assistance to Senators and staff, but often enables them to personally assist the citizens of their state in a variety of ways. In return, interns gain a unique insight into how government works and a behind-the-scenes look at the legislative process.

January 1982 - January 1983

Intern

Trinity University's Office of the President


Education

2006 – 2007

Pepperdine University School of Law

LL.M., Dispute Resolution


1999 – 2001

The University of Texas at San Antonio

M.B.A., Executive MBA


1984 – 1987

Pepperdine University School of Law

J.D., Law


1980 – 1984

Trinity University

B.A., Business



Contact Don