Before launching his independent neutral practice in January 2024, Rich Silberberg spent 36 years as a partner at Dorsey & Whitney LLP in New York, handling complex domestic and international commercial disputes in courts and arbitration forums nationwide. Over the past three decades, he has mediated roughly 300 cases and served in arbitral roles in about 350 disputes, including class and multi-party matters. Rich currently chairs the AAA-ICDR® Council’s Arbitrator Committee, is a Past President and Fellow of the College of Commercial Arbitrators, and holds leadership positions with the New York International Arbitration Center. He is also a Fellow of both the Chartered Institute of Arbitrators and the American College of Civil Trial Mediators.
In the Q&A below, he shares insights from his extensive experience in dispute resolution.
Q: Can you tell us about your professional background—what led you to mediation, and what areas of law or types of disputes you’ve worked with most frequently?
Richard: My practice as an independent neutral is a natural extension of nearly four decades representing leading manufacturing, healthcare, transportation and professional services companies in arbitration, mediation and litigation as a trial partner at an Am Law 100 firm. Over the years, I came to see mediation not just as an alternative but often as a superior method of dispute resolution. My leadership roles within the firm—including Chair of the Board of Directors, Global Chair of the Advocacy Group, Global Co-Chair of the International Arbitration and Litigation Group and Head of the New York office—further reinforced that mediation skills are not only helpful but essential to effective management.
Q: What inspired you to become a mediator, and how did you come to join the AAA®’s mediation panel?
Richard: As a trial lawyer, I became intimately familiar with the financial costs and personal stress that come with courtroom litigation. Litigants have little, if any, control over the resolution process, and even the strongest case and most skilled advocacy offer no guarantee of success.
My desire to restore control to the parties themselves inspired me to become a mediator. Unlike litigation, mediation allows participants to craft a customized process that supports their business goals and gives them a voice in the outcome.
I began my mediation work in 1992 as part of the pilot Mandatory Mediation Program for the U.S. District Court for the Southern District of New York. I later joined the mediation panels of the AAA and ICDR®.
Q: What do you find most meaningful or rewarding about your work as a mediator with the AAA?
Richard: Mediating is demanding work. The mediator is always “on”—whether caucusing privately with one side or the other, devising and testing potential solutions, or managing the expectations of the parties and their counsel. Even the rare “quiet” moments during a session are spent considering the next step toward resolving the dispute.
While mediating complex cases is undoubtedly challenging, the personal and professional rewards of achieving a settlement are substantial. In every mediation, I strive to create an environment that encourages the parties to explore and reach a mutually acceptable resolution. It is profoundly fulfilling to guide a process that helps individuals and organizations resolve their differences—especially when such resolutions seem out of reach at the outset and ultimately allow the parties to preserve valued relationships.
Mediating commercial disputes has also been a source of personal growth. Every case is unique, and each conflict offers a learning opportunity. Navigating interpersonal dynamics always presents a new challenge that I look forward to taking on.
Q: How do your previous experiences in legal practice, public service or another area inform your approach to facilitating resolution between parties?
Richard: As a trial lawyer, I regularly represented clients in mediation proceedings. These engagements gave me valuable opportunities to reflect on the role I played in the process. Was my approach helping to achieve a resolution, or was it counterproductive? Simply put, my experience advocating for clients in mediation made me both a better advocate and a better mediator.
Q: What advice would you offer to parties or their counsel to help them prepare effectively for mediation?
When preparing for mediation, I recommend that parties and their counsel:
- Develop a shared understanding of the dispute, including key facts, legal issues and prior settlement efforts.
- Clarify the client’s primary business interests—e.g., monetary resolution, preserving a relationship or eliminating the distraction of the dispute.
- Set clear goals: know the ideal outcome, acceptable compromises and bottom line.
- Recognize that the other party may have legitimate interests and consider ways to address them.
- If offered, speak with the mediator in advance to establish rapport and build trust.
- Have sources of factual information readily available during the session.
- Define the roles of the client and attorney in presenting positions, sharing information and negotiating settlement terms.
- Approach the process with patience and an open mind.
Resume
For more information on Richard Silberberg’s professional background, view his resume.