Due to the complexity of cases, the incredible time commitment and the expense of litigation, many patent attorneys in Beverly Hills California recommend mediation as an alternative to litigating a patent dispute. While mediation is founded on the concepts of cooperation and collaboration, a patent attorney in Beverly Hills California can make a tremendous difference in the outcome of a case.
Although not as formal in nature, mediation often requires research and discovery. Since the end goal is hopefully to settle the case, a patent attorney should be just as prepared for mediation as he or she would be for trial. By researching relevant cases that are based on similar issues, the patent attorney can come equipped with the necessary information that can help his or her client prevail. He or she should be able to differentiate holdings that did not work out in the same manner that his or her client’s position supports.
This information should be prepared and presented to the mediator before the day of mediation. Quite often, this information can be provided through a mediation brief. In the brief, the attorney should also be able to present a clear description of the facts and legal issues that are involved in the case. He or she should be able to describe how a dispute arose and the position that his or her client is taking on the issues. Other information that supports the client’s case may be included in the brief, such as contracts or communications between the parties.
Before mediation, the attorney should review his or her negotiation style with the client. This allows the attorney to continue the same momentum during the process without having to stop and explain the strategy to the client.