As mediation has become more popular for managing intellectual property disputes, many different styles have emerged. This is a big benefit of opting to resolve your dispute outside the courtroom, because mediation allows for flexibility and a design that works best for your clients. The common essence of all these styles is that they allow for parties to arrive at a mutually agreeable solution under the assistance of a trained neutral.
The selection of the appropriate intellectual property mediator is crucial for the case even though the purpose of mediation is not to convince this third party that your client’s “side” is in the right. While not responsible for deciding the case, the mediator can certainly assist in moving the parties to resolution.
The first meeting with the mediator will help determine the style that will work best for the situation at hand. You, your client, and the other parties will talk about logistics in this initial meeting such as when and where the meetings will take place, and whether the parties will meet at the same table or in separate rooms. Parties who have difficulty communicating with one another in a joint session find that it’s easier to do so when a mediator there facilitating that communications. If the parties prefer to meeting with the mediator separately in an attempt to resolve an intellectual property dispute in California suggest this preference to the mediator before the mediation begins. Whether the process adopted is separate caucuses or joint meetings, the style and experience of the mediator can move the parties forward toward resolution.