Whether the dispute is related to an interim legal or procedural matter or is focused of a final resolution, mediation can be a time efficient, cost saving and flexible alternative to help parties resolve disputes in cases where intellectual property is at issue. Intellectual property cases are often complex both in substance and procedure resulting discovery that is lengthy and expensive and a trial where both parties give control of the resolution to a court or jury. Litigation inherently creates a win- lose scenario that often results in disappointment for both sides.
Contract, licensing, copyright, trademark, patent, unfair competition and trade secret disputes are especially suited to mediation because the stakes can be so high. Mediation offers an opportunity to:
- Evaluate and consider risk during negotiations
- Create solutions that work well for both parties involved
- Express concerns and emotions related to the dispute
- Explore various options and reach a solution that is mutually beneficial
In intellectual property mediation, parties retain control over the substance and process of resolution and can implement a wide variety of mutually beneficial options that would not be available to a court or jury.
If you are engaged in an intellectual property dispute and you are concerned that the formal litigation approach might make the situation worse, consider the advantages of mediation to resolve both interim disputes or resolve the entire matter. Greg Wood is a mediator in California with special expertise in resolving intellectual property disputes. He extensive ADR training and experience in helping parties craft custom solutions tailored to the specific needs of the parties. Contact him today at 818-527-1176 or 800-616-1202 for a consultation.