Y-ADR Spotlight Series - Interview Questions with Carmela Romeo

Carmela Romeo
Partner, Arnold & Porter

1. What has been a beneficial aspect of engaging with the CPR Institute for you personally or professionally?
In my experience, engaging with the CPR Institute has been beneficial both professionally and personally.  First, having the ability to connect with different people working in varied industries and roles has been invaluable in learning about ADR.  I’ve been able to take many of these lessons and apply them in my role as outside counsel to my clients, which has had a very practical effect in my professional life.  Second, I have been able to create new friendships with others in the organization, and the mentorship opportunities are fantastic.

2. What inspired you to steer your career toward ADR, and what steps did you take to make it to where you are today?
While I have always been a litigator, I did not start off working with much ADR in my practice.  In fact, on my first day as an associate at Arnold & Porter, I was assigned to a trial team.  From there, I spent my years often on a trial or hearing team in very adversarial matters that had low chances of settlement.  As I became more senior and worked more with clients on complex commercial disputes in the life sciences sector (although this is becoming true for my clients across all industries), I began engaging in more pre-dispute resolution counseling.  This is now a major part of my practice as a partner—working with clients on disputes involving long-term business partners or contracts—where the goal is resolving disputes before they get to time consuming and costly litigation (and often where confidentiality concerns are paramount).    

3. What is one piece of advice you would give to somebody who wanted to pursue a career in ADR?
As early on in your career as possible, get involved in organizations like CPR and take advantage of all of the networking and learning opportunities. Having access to a network of in-house, private practice, and neutrals who routinely deal in ADR will help you keep on top of developments in the field and then you can bring that to your everyday work.  There’s no better way of learning than by doing and being engaged. 

4. Is there a moment in your career that you are most proud of?
As a senior associate, I was working on a supply and distribution agreement dispute where my client—a major pharmaceutical manufacturer—was experiencing supply disruption issues as a result of COVID and was going to be unable to meet product volumes for a counterparty to distribute under the contract.  I led the negotiations of a partial stock out amendment to the agreement that limited failure to supply penalties for my client that capped liability to a third of the potential damages.  It was really rewarding to see dispute resolution work in practice, and the client was happy with the result. 

5. At what point did you realize that this career choice was best for you?
Early on, I realized what is important to my clients—and thereby what is important to me as their outside counsel—is getting the best resolution for them.  That means resolving matters before they escalate, if possible, so that they can focus on their core business.  Of course, you will run into matters that just can’t settle or resolve for various reasons, but with effective advocacy and knowledge of the ADR processes, there’s many creative business resolutions to be found in a commercial dispute. 

6. What ADR process do you believe is most effective?
Overall, I don’t think it is a one-size fits all approach and that is why I believe keeping up to date on developments in ADR is so important in providing the highest level of advocacy to my clients.  Different processes may be effective for different disputes.  For example, in smaller dollar value matters, having the ability to mediate while staying an arbitration has been helpful in many matters.  In larger dollar value matters, that may not be as useful unless the parties have developed the facts (and evidence) enough to be able to bridge what is often a large monetary gap.  Sometimes in those types of matters, arbitration is very effective, particularly where companies have confidentiality concerns and want to keep discovery efforts more reasonable.  I think being flexible and thinking critically is the most effective tool in exploring ADR options in a dispute.

7. (Fun one!) Describe your perfect Friday night in 5 words or less.
Movie night with the family.