Donald R. Philbin, Jr.
Attorney-Mediator | Thought Leader in Dispute Resolution
Don Philbin is a dynamic mediator known for resolving complex disputes with innovative strategies and relentless tenacity. He has mediated more than 3,000 cases across a broad range of substantive areas. Recognized by peers as a Band 1 Nationwide Mediator (Chambers USA), multi-year Lawyer of the Year (Best Lawyers), Thought Leader (Lexology Index), and Top 50 Central/West Texas Super Lawyer, Don is an elected fellow of the International Academy of Mediators and the American College of Civil Trial Mediators. Teaching at Pepperdine Law’s Straus Institute and developing Picture It Settled®, pioneering software akin to “Moneyball” for negotiation, keeps him at the field’s forefront.
Education and Academic Roles
- Adjunct Professor: Pepperdine University School of Law (Straus Institute) (2008–present).
- Post-Graduate Degrees: LL.M. in Dispute Resolution (2007) from Pepperdine Law (Straus Institute)(TADRA §154.052(a)), with capstone research published in the Harvard Negotiation Law Review. M.B.A., Executive Program (2001) from The University of Texas at San Antonio.
- Law Degree: J.D. (1987) – Pepperdine University School of Law: Pepperdine Law Review; Moot Court Board
- Undergraduate: B.A. in Business Administration (1984), Trinity University. Internships: The White House (1984) and the U.S. Senate (1983).
Select Advanced Training and Research
- Negotiation Training: Harvard Law School’s Program on Negotiation for Senior Executives; Dealing with Difficult People and Difficult Situations (2007); Cambridge Executive Enterprises’ Senior Executive Training with MIT Professor John J. Donovan (2002).
- AI Negotiation: Program on Negotiation AI Summit (2025) at Harvard Law and MIT. Convened leading scholars on cutting-edge AI negotiation research at MIT.
- Advanced Family Mediation Training: Austin Dispute Resolution Center (2007)(TADRA §154.052(b)).
- Course Director: State Bar of Texas CLE on Advanced Mediation (2011); Global Pound Conference Austin (2017: Co-Director).
Peer Recognition
- Chambers USA: Consistently ranked in the USA Nationwide Mediators category since 2019, Band 1 (2023–2025).
- Best Lawyers in America®: Recognized for Alternative Dispute Resolution since 2007. Multi-year “Lawyer of the Year” recipient in San Antonio for Mediation (5x: 2014, 2016, 2021, 2024, 2026) and Arbitration (2x: 2018, 2019).
- Super Lawyers: Named to the Top 50 Central/West Texas Super Lawyers list in 2025, with continuous selection to Texas Super Lawyers since 2010.
- Lexology Index: Recognized as a Thought Leader in USA – Commercial Mediation (2017–2025) and recipient of the Client Choice award (2026).
- Martindale: Martindale-Hubbell® AV Preeminent® (since 1999), and Avvo 10.0 Superb rating.
Select Publications | Research-Driven Practice
Law Reviews and Academic Journals
- Donald R. Philbin, Jr., The One Minute Manager Prepares for Mediation: A Multidisciplinary Approach to Negotiation Preparation, 13 Harv. Negot. L. Rev. 249 (2008). Excerpted in Carrie J. Menkel-Meadow et al., Dispute Resolution: Beyond the Adversarial Model (Aspen, 2d ed. 2010).
- Donald R. Philbin, Jr., Harnessing the Power of Information and Insight to Improve Strategic Decision Making and Choice, 16 Pepp. Disp. Resol. L.J. 193 (2016).
- Donald R. Philbin, Jr. & Harry L. Munsinger, Why Can’t They Settle? The Psychology of Relational Disputes, 18 Cardozo J. Conflict Resol. 311 (2017).
- Donald R. Philbin, Jr., Decisional Errors – On the Field, On the Bench, In Negotiations, Harv. Negot. L. Rev. Online (2009).
Industry and Practice Journals
- Donald R. Philbin, Jr., The Value of Economic Analysis in Preparing for Mediation, 63 Disp. Resol. J. 49 (2008). Reprinted in AAA Handbook on Mediation (2d ed. 2010).
- Donald R. Philbin, Jr., Deal or No Deal? Or Perhaps a Better Deal? The Impact of Improved Information, 25 Alternatives High Cost Litig. 177 (2007).
- The Future of ADR, ADR Handbook of the State Bar of Texas (2018) (with Justice Frank Evans and Colin Rule).
- Checkmate: Early Moves Define Negotiation Outcomes, News for the Bar (Texas Bar Litigation Section; Spring 2015).
- The Psychology of Bad Economic Decisions, 7 JAMS Dispute Resolution Alert 1 (Fall 2007).
News & Press
- 2026 — Client Choice Award, Lexology Index (USA – Commercial Mediation)
- 2025 — Top 50 Central/West Texas Super Lawyers
- 2025 — Program on Negotiation AI Summit, Harvard Law and MIT
- 2023–2025 — Chambers USA Band 1, Nationwide Mediators
