Choosing the Best Dispute Resolution Process for the Problem
Arbitration
Arbitration is an adversarial dispute resolution process governed by the parties’ agreement. The parties choose one or more neutrals, often with subject matter expertise, to manage the pre-hearing process, receive evidence and consider arguments at the hearing and render a decision or award thereafter. Arbitration’s potential benefits of efficiency, economy, flexibility, confidentiality and the finality of a fair and just result depend on a skillful and committed arbitrator. Ms. Panarella’s litigation experience allows her to proactively manage each stage of the arbitral process, in concert with the parties, to assure a timely hearing and to discern compelling evidence to achieve a fair and principled result.
Mediation
Mediation is a confidential, informal, voluntary process in which a neutral third party facilitates the information exchange and negotiation between the parties to assist them in reaching an agreement, often one more favorable for each of the parties, than had they proceeded to trial. As a mediator, Ms. Panarella strives to fashion a mediation process that best serves the parties’ needs, listen closely and impartially to their positions and understand their underlying interests and help the parties assess their options and reach a creative solution to their dispute. While her mediation approach depends on the conflict, she is tenacious in seeking to help the parties resolve their matter.
Workplace Investigations
Most employers experience workplace issues at some point in time which may take the form of complaints, alleged misconduct, or more general gossip and innuendo. A prompt and thorough investigation to gather facts, assess the credibility of the participants and evaluate the evidence is often necessary to enable the employer to reach a fair and reasonable employment decision. Ms. Panarella’s experience as both a litigator and a neutral uniquely qualifies her to perform these services. As an arbitrator, Ms. Panarella is impartial and objective, skilled at finding facts, assessing the credibility of witnesses and following the evidence to a conclusion. She understands that issues are time sensitive and need to be resolved promptly and confidentially. As a litigator, Ms. Panarella has decades of experience interviewing potential witnesses, taking depositions and examining witnesses at trial.
Early Neutral Evaluation
Early neutral evaluation is a confidential, flexible, conflict management process in which each party presents its case to a neutral evaluator who provides an impartial non-binding assessment of the dispute. By providing an evaluation of the likely outcome of the matter if it went to trial, early neutral evaluation allows the parties to realistically consider the merits of their case, and the possibility of settling it. As trial counsel for over 25 years, Ms. Panarella brings her practical ‘hands-on’ experience in weighing evidence and evaluating potential trial outcomes to the early evaluation process.
Settlement Counsel
Settlement Counsel are retained by clients to focus on dispute resolution strategies and a possible negotiated settlement while separate trial counsel prepare the matter for litigation. Ms. Panarella’s extensive experience settling complex commercial and intellectual property matters on behalf of clients makes her especially suited to serve as settlement counsel.
Dispute Resolution Consulting
Dispute resolution consulting can help in choosing and designing the most appropriate resolution process for the problem. From drafting mediation, arbitration or tiered clauses in agreements, to choosing among existing dispute resolution processes, or to designing a process specifically for a given dispute, Ms. Panarella’s problem-solving background enables her to help clients achieve control over the resolution of their dispute or future disputes.
Intellectual Property Litigation Counseling
Often companies need ‘in-house’ litigation advice on intellectual property matters without the need for full-time IP litigation counsel. Ms. Panarella’s experience as trial counsel on IP and complex commercial matters makes her uniquely suited to work with company executives to formulate strategies for IP litigation, identify risks and exposures inherent in such matters, and monitor outside counsel. Ms. Panarella’s dispute resolution experience and training enable her to identify strategic opportunities to address settlement as well as to choose the best dispute resolution process for the issue at hand.