Panelist Profile: Philbin, Jr., Donald R

Philbin, Donald R

Philbin, Jr., Donald R

San Antonio, TX

Attorney; Arbitrator; Mediator

Birthdate: 1962
Marital Status: Married
Children: 1


-LL.M. in Dispute Resolution (2007), Pepperdine University School of Law (Straus Institute)
-MBA (Executive Program, 2001), University of Texas at San Antonio
-JD (1987), Pepperdine University School of Law
-BA, Business Administration (1984), Trinity University


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 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. He is an elected fellow of the International Academy of Mediators and the American Academy of Civil Trial Mediators.

Area of Specialization

Accounting Malpractice, Appellate, Business, Civil, Commercial, Community, Consumer, Construction, Contracts, Copyright, Discrimination, Divorce, Education, Employment, Energy, e-Neutral, Environmental, Estate, Family, Financial, Franchising, General Counsel, General Mediation, Government, Health Care, Home Owners Associations, Insurance, Insurance Bad Faith, Intellectual Property, Land Use, Landlord/Tenant, Labor, Legal Malpractice, Medical, Municipal, Organizational, Partnership, Patent, Personal Injury, Permises Liability, Probate, Products Liability, Probate, Professional Fees, Professional Malpractice, Public Policy, Real Estate, Regulatory, Securities, Settlement Counsel, Shareholder Disputes, Software, Tax, Technology, Telecommunications, Torts, Trandemark, Valuation (ad valorem), Wills, Trusts & Estates, Work Place

Membership & Affiliations

Member, Association of Attorney- Mediators (2007-present); Senior Mediator (2008-present), Certified Mediator (2009-present),; Member, Society for Empirical Legal Studies (2008-present); Member, Decision Analysis Society (2008-present); American Bar Association:
-Dispute Resolution Section (2006-present),
-Negotiation Committee, (Chair 2009-11; co-chair 2011-2012)
-Task Force on Planned Early Dispute Resolution (2011-2012)
-Litigation Section (1987-present)
- Business Law Section (2007-present);
State Bar of Texas (1988-present):
- Alternative Dispute Resolution Section (2006-present):
-ADR Section Council (2009-12)
- ADR Section Treasurer (2012-13)
- Communication Committee Chair (2011-12)
-CLE Program Chair (2011)
- Purpose Committee Chair (2012-13)
-Litigation Section (1988-present)
-Antitrust and Business Litigation Section
-Computer and Technology Section
-Corporate Counsel Section
-Family Law Section
San Antonio Bar Association (1988-present): Publications Committee (2010-present); CLE Committee (2009-present); Technology Committee (2012-present); Fellow College of the State Bar of Texas (1997-present); Life Fellow, Texas Bar Foundation (2002-present); Life Fellow, San Antonio Bar Foundation (2007-present), Fellow, American Bar Foundation (2009-present); Member, Federal Communications Bar Association (1997-present); Member, Bar Association of the Fifth Federal Circuit (1988-present); Member, The Texas General Counsel Forum (2002-06); Member, Texas Association of Mediators (2007-11); Co-Chair Conference 2011); Global Collaborative Law Council (2009-11)


-Outstanding Lawyer in Mediation (2011), SAN ANTONIO BUSINESS JOURNAL
-Distiguished Service Award (2011), Bexar County Dispute Resolution Center
-Listed in THE INTERNATIONAL WHO'S WHO OF COMMERCIAL MEDIATION (inception in 2011-present) (1 of 3 listed for Texas in 2011 Inaugural Issue; 1 of 5 listed for Texas in 2012 Issue)
-Fellow, American Academy of Civil Trial Mediators (2009-present); Editorial Board, American Journal of Mediation (2012-present)
-Distinguished Fellow, International Academy of Mediators (2010-present; Communication Committee 2011-present)
-Distinguished Fellow, National Academy of Distinguished Neutrals (2010-present)
-Founding Member and Executive Committee Member, Texas Academy of Distinguished Neutrals (2010-present)
-Fellow, American College of e-Neutrals (2011-present)
-Certified Mediator, International Mediation Institute (IMI) (2009-present)
-Credentialed Distinguished Mediator, Texas Mediator Credentialing Association (2007-present)
-Listed, TEXAS SUPER LAWYERS (2010-present) (1 of 4 listed for ADR in San Antonio 2010; 1 of 5 in 2011)
-Listed, THE BEST LAWYERS IN AMERICA ® (Alternative Dispute Resolution, 2007-present) (1 of 4 listed in San Antonio for 2012 in the categories of mediation and arbitration)
-Listed in the U.S. NEWS AND BEST LAWYERS "BEST LAW FIRM" survey (2010 -present) (1 of 4 firms listed 2010; 1 of 3 in 2011 - Tier 1 San Antonio in Mediation; Tier 2 San Antonio in Arbitration)
-Listed in The BEST LAWYERS IN SAN ANTONIO (Arbitration and Mediation, 2007-present; Business Litigation 2012)
-Listed in the BAR REGISTER OF PREEMINENT LAWYERS (2007-present)
-Martindale-Hubbell ® rating: AV (1999-present)


$1000 per party per day
$300 per hour reading time in arbitration outside hearing days

Hobbies & Interests

Rotary Club of San Antonio, Board of Directors; First Presbyterian Church, Elder, Usher, Welcoming & Belonging Committee, Benevolence Oversight Committee, Nominating Committee; City of Olmos Park, City Hall Building Committee; Goodwill Industries, Advisory Board; Trinity University, Alumni President and Ex-Officio Member of the Board of Trustees (1993-95), Board of Visitors (2004-06), Business Advisory Council (1999-present).

Donald Philbin, Jr. is an experienced panelist for Conflict Solutions of Texas, the state's premier roster of attorney mediators and arbitrators. CS of TX offers a broad range of services to resolve disputes and are designed to be more cost-effective and timely than conventional arbitration offerings.