Arbitration services
Arbitration is a private, adversarial process in which parties who have a dispute agree to have one or more neutral third parties (arbitrators) decide the dispute based on the arguments and evidence presented by the parties or their counsel. Dana serves as the sole arbitrator, as a co-arbitrator on three-arbitrator panels, and as chairperson of the panel. She serves on cases administered by the American Arbitration Association and is a member of its national Commercial Arbitration Panel and its national Consumer Arbitration Panel. She is also available to conduct arbitrations privately, on an “ad hoc” basis.
Early Neutral Evaluation
Early Neutral Evaluation is a non-binding process in which a neutral third party is asked to provide a balanced and unbiased assessment of the strengths and weaknesses of each side’s position, provides an analysis of the likely outcome of a hearing or trial and an assessment of the potential settlement value of the case. This evaluation can assist the parties in assessing their case and possibly settling it. Dana has 30 years of experience representing clients in commercial arbitration and litigation matters — especially securities arbitrations — and has extensive experience with assessing cases for possible settlement.
Mock Hearings
Trial counsel who want to strengthen their presentation of evidence and arguments can engage an experienced expert to assess and provide feedback on their presentations. In addition to her experience as an arbitrator, Dana has served as a judge in numerous mock trials, both in student competitions and for attorneys who want her feedback and advocacy suggestions before a hearing or trial in real life.
Mediation services
Mediation is a process in which a neutral third party helps people negotiate their disputes, with a goal of reaching agreement. Mediation is private, the mediator is bound by confidentiality, and the parties can agree to maintain the confidentiality of their mediation discussions. Mediation is flexible, efficient, and allows the parties to remain in control of the outcome, since they are not bound to any outcome to which they do not agree.
Dana is a trained mediator. She is skilled at connecting with the participants and assisting them to articulate their interests, frame the topics to be discussed, and assisting the participants to come to resolution. Dana offers mediation services for commercial disputes, with a particular focus on mediation of securities industry disputes, including FINRA arbitrations, and claims under the Securities Act of 1933, the Securities and Exchange Act of 1934 and the Investment Advisors Act of 1940. Dana also uses mediation techniques to assist companies to resolve internal disputes, including disputes between partners or owners, management-employee issues, and employee-employee issues.
