DANA D. McDANIEL
MEDIATOR SERVICES
Dana McDaniel offers mediation services designed to help parties resolve conflicts at the earliest realistic opportunity and, when settlement is not possible, to streamline litigation and reduce litigation costs.
-
Case Mediation Services - Mr. McDaniel is available to mediate business disputes, particularly those that involve intellectual property and/or technology issues, including patent, trademark and copyright infringement, trade secret misappropriation, and vendor/client disputes involving technology products and services. He will bring to the mediation process substantial experience in intellectual property (IP) and technology transactions and litigation and a personal commitment to work with the parties and their counsel as long as it takes for them to identify sensible, workable terms on which to resolve the dispute.
-
Early Neutral Evaluation and Resolution - In appropriate cases, Mr. McDaniel is available to provide the parties and their counsel a neutral evaluation of each party’s position in the dispute and help them resolve the dispute before suit is filed or early in the litigation process. In this capacity, he can facilitate frank and open settlement discussions without compromising litigation counsel’s role as zealous advocate. The objective of early neutral evaluation is to help clients resolve disputes before investing significant amounts in litigation.
-
Discovery and Litigation Conflict Resolution - Discovery is, by far, the most expensive component of most commercial lawsuits. The procedures for resolving discovery disputes in court are cumbersome and largely ineffective. The result is that discovery is often vastly over-inclusive of irrelevant documents and information and under-inclusive of relevant and discoverable materials. Mr. McDaniel is available to mediate or arbitrate discovery and other routine conflicts that arise in complex litigation, thereby, providing the parties an accessible, low-cost and low-risk mechanism for resolving discovery conflicts and avoiding costly discovery motions. In addition to helping parties resolve discovery disputes, Mr. McDaniel can also serve as a neutral to help parties negotiate other potentially contentious issues such as negotiating fact stipulations and narrowing issues for summary judgment and trial. Finally, by serving in this capacity as the case progresses, Mr. McDaniel will be better situated to mediate a settlement of the case at the earliest opportunity.
