A licensing deal allows parties to mutually benefit from the sharing of information, products or services. However, it is not uncommon for technology licensing disputes in Beverly Hills California to arise when the parties interpret their language in different ways or an unanticipated change comes up. Such technology licensing disputes in Beverly Hills California can be resolved, often much more effectively, through mediation.
Mediation is a widely sought after alternative to litigation. Because the mediation session can be scheduled at any time that accommodates the parties’ schedules and that of the professional mediator, conflicts can be resolved much more quickly since there is no need to wait on a crowded docket and the outcome of other cases. This saves considerable time, which can be particularly important when determining fees and royalties to pay based on the licensing agreement. It can also save substantial sums on legal expenses since attorney hours are likely to be drastically reduced if the case can be settled through mediation.
Additionally, mediation is often much better at coming up with a solution that will work for both of the parties over a generic order made by the court. The parties play a pivotal role in developing an agreement that is mutually satisfactory. Mediation focuses on cooperation so future problems can also sometimes be avoided and the parties learn that this method of resolving a problem is available.
Commercial contract disputes in San Bernardino California can arise in any industry and involve a variety of parties, including contractors, vendors, competitors, customers and business partners. While these disputes have the potential to cause significant disruption in your business, mediation is a process that can often help resolve commercial contract disputes in San Bernardino California. The process of mediation is discussed below.
Request for Mediation
Mediation is a voluntary process. As such, the process commences when one of the parties or their respective legal counsel approaches the other about the possibility. While some parties may be hesitant to broach the subject, doing so shows that your client is interested in resolving the claim in a cooperative manner.
Selection of Mediator
After the parties agree to mediation, they get to select the mediator of their choosing. They may have already used the services of a mediator, or they may decide together on a new mediator based on his or her particular skill set.
The mediator will begin his or her role in the case by communicating with the parties before the actual mediation session. He or she may help the parties agree on a preliminary exchange of documents and request a brief from each party to provide a background on the case. He or she also schedules a date for mediation.
At the actual mediation session, the mediator begins the process by explaining the ground rules and his or her role as a facilitator of communication. During mediation, the mediator will help identify the underlying issues between the parties and figure out ways that the parties can work together to resolve these issues. The parties may brainstorm ideas and evaluate the proposed options to resolve the claim.
In most mediation cases, the parties can usually resolve their legal disputes with one or more mediation sessions. The parties’ sign the agreement that they helped create through the process of mediation.
Intellectual property attorneys often define “winning” in litigation as obtaining the best possible outcome for the client while minimizing the amount of harm to the client, given the particular circumstances involved in the case. Sometimes this objective can be accomplished by using intellectual property mediation in Los Angeles. While litigation has its place, not every dispute is best handled in that forum. Intellectual property mediation in Los Angeles can result in a positive outcome for your client.
Although mediation can be used at any point in the process, it is particularly helpful to use early in the process because it helps to resolve an issue before the parties are entrenched in their respective positions. It also helps to minimize legal expenses when employed early on. For public companies, a key consideration at all times is to consider how a particular action may impact the marketplace.
While mediation is a process that is designed to help bring about a settlement of a case, there are certain strategies that you can use to increase the probability of obtaining a successful outcome for your client.
One principle strategy to utilize is that of preparation. Even though mediation is a guided negotiation, strong preparation can help highlight the strengths of your case and mitigate its weaknesses. If the other party supports a contradictory position, knowing the case and the law that is on your side can be paramount during mediation. At the same time, you should be prepared to address any potential weaknesses in your case and be able to point to the cases or evidence that is on your side. Likewise, making sure that your client presents well can ensure that the other side knows that you are willing and able to proceed with the case if necessary. These steps can help ensure that the other side carefully considers the potential ramifications of litigation and weighs the alternative of settling the case in your client’s favor.
No one is more intimately familiar with the complexities of patent litigation than a patent attorney in Orange County California. Rather than go through contentious, costly and complex litigation, a patent attorney in Orange County California may recommend that clients and other attorneys turn to alternative dispute resolution for the following reasons:
Alternative dispute resolution allows the parties to work out how their legal issue will be resolved on their own terms. The parties get to choose the party who will help guide the process or decide the case. In arbitration, the parties can also agree on the appropriate law that should be used, which rules of evidence should be followed and what amount of discovery will be permitted. Allowing the parties to exercise discretion over these important issues can help create a streamlined approach to resolving the case.
While the justice system is predicated on the idea that decision makers will be neutral, many practicing attorneys have seen firsthand how juries and judges may naturally side with one party over another. In patent cases, the parties may hail from different states, giving one party a home-court advantage. In mediation or arbitration, a neutral person can be appointed and who will not be influenced by such factors.
If an existing patent is at issue, it can be important for the patent holder to protect information about the patent from being exposed to competitors. For example, the patent holder may not want competitors to discover a weakness in the patent that could allow them to easily get around it. ADR proceedings are usually confidential in nature, sometimes as a mandatory element or sometimes by request. The parties can agree to keep all information discussed confidential as well as to keep the results confidential.
Commercial contract disputes in Beverly Hills California are almost inevitable. Between the many contracts that a business enters into every year with other businesses, customers and vendors, it is likely that a problem will arise at some point. These commercial contract disputes in Beverly Hills California can often mean lost productivity, lost profits and a diminished reputation in the business. If the case goes to court, much speculation will follow. Fortunately, mediation provides an effective solution to work out problems that arise in a commercial contract dispute.
Mediation is a form of alternative dispute resolution that can be initiated at any stage of a case. It can even be commenced before a lawsuit is ever filed, a strategy that helps businesses keep their private doings from reaching the public. Agreeing to mediation before a case is filed prevents businesses from suffering backlash from other companies that may be reluctant to do business with a company that they find to be litigious. Mediation provides an expedited mechanism to resolve legal issues without the public nature of a lawsuit.
A mediator assists the parties in negotiating a settlement on their own terms. Neither party is bound to any term until they both agree on it. A mediator is not a judge as he or she does not have the authority to impose a decision on the parties. The parties to a case can structure their own solutions in a way that they see fit, an option that a traditional court case does not allow.
A distinct benefit of mediation is that it focuses on cooperation between the parties. Commercial contract disputes arise between companies that had already agreed to do business. Sometimes, these disputes involve parties who have done business for years. Mediation allows the parties to meet face to face to work out a solution, often allowing the business relationship to thrive.
Employment disputes in Beverly Hills California can get nasty and expensive. They may be based on claims of discrimination, harassment or illegal wage and hour processes, among others. Conscientious business owners often handle such employment disputes in Beverly Hills California through the process of mediation.
Mediation is an alternative to litigation. It does not involve a judge or jury. Instead, the process is led by a third party neutral called a mediator. This individual gathers information from each party before and during mediation. He or she then considers each party’s respective positions while facilitating communication between them.
The mediator often tackles one issue at a time. He or she then uses this progress as a point to work from to help resolve other issues. During each interaction, the mediator learns more about the interests of each party. He or she may make recommendations based on these interests, such as making a concession in one area that is not important in order to receive something back that is valuable. For example, an employer may agree to provide a letter of recommendation for a former employee in exchange for reducing an item in a severance package. An employee may agree to switch shifts in order to receive a higher rate of pay.
Mediators encourage the parties to propose different settlement provisions. The process of mediation is completely voluntary and the mediator cannot bind either party to terms that they do not agree to. Due to the parties’ ability to enter into any legal agreement, the parties are often able to resolve a claim in a much more creative fashion than a court ruling would provide. This can help employees and employers add details in their agreement that matters to them most.
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.
Technology disputes and other intellectual property disputes have the potential to wreak havoc on a business. These disputes can take years before litigation is concluded, costing the business great time and expense. Furthermore, this situation can keep your client’s technological invention or business in limbo, causing it to lose out on an untold number of opportunities. Rather than litigating a case, you may better serve your clients’ needs through technology dispute mediation in Beverly Hills California. By using technology dispute mediation in Beverly Hills California, you may be able to help protect your clients’ interests and propel them to future growth.
You and the other party’s attorney can offer recommendations on which mediator you should select for your technology dispute mediation. Look for someone with experience in intellectual property law and who has credentials that you can easily validate. Having someone who is somewhat of an expert in this field can make a tremendous difference due to the experience he or she can rely on.
During mediation, the mediator you select will work with the parties to determine possible resolutions of the dispute. This may include an agreement between the parties to purchase technology or to license it. It may also be a start for companies to work together on a new project. The parties are not bound to the limited remedies available in a courtroom, so they can truly work out an agreement that takes all of their interests into consideration. The mediator will facilitate communication and point out aspects of the case that the party has not considered. Although you may have provided your client with similar information, he or she pays for your opinion. A mediator is an objective person who can look at the situation from a different perspective and can provide a candid outlook to the client.
Although employment disputes can arise for a number of reasons, their commonality is that they often cause much disruption to the business. In order to minimize such disruption, it is prudent to involve a California employment disputes mediator as early in the process as possible. A California employment disputes mediator is a neutral third party who attempts to resolve legal issues without the involvement of the court system.
When an employment dispute arises, the employee and employer may believe that they have opposing positions. The employee may feel wronged because he or she was disciplined, demoted or overlooked for a promotion. He or she may have a wage and hour claim against the employer. Meanwhile, the employer may be afraid that the employee is considering unjustified litigation which can spell bad publicity for the business. Other employees may stick up for the one who is part of the dispute and the employer may face declining morale because of the employment issue.
An employment disputes mediator brought in early can provide a dramatic impact to the case. He or she can be involved before the parties become too cemented in their respective positions. If a misunderstanding such as a payroll error or a report that is not credible is to blame, the parties can resolve their issue peacefully with minimal disruption to the business.
In more complex matters, involving a mediator early in the process can still bring about positive benefits. When a mediator is brought in at the beginning of the dispute, more options may be available. For example, the employee may like his or her job and the employer may want to preserve the employment relationship. The parties may reach an agreement in which they can continue this relationship while taking other steps to resolve the underlying issues that led to the dispute in the first place.
A patent attorney in Los Angeles California is a special type of intellectual attorney. He or she focuses the law practice on the application of patents, acquisition of patents and defense of patents. Based on this particular focus, having a patent attorney in Los Angeles California can be a tremendous help with all forms of ADR that center around a patent issue.
ADR refers to alternative dispute resolution. It consists of mediation, arbitration and other alternative methods of resolving legal issues without going to court or pursuing a lawsuit. ADR usually helps to resolve an intellectual property issue faster than litigation will take in Los Angeles, California. Additionally, some types of ADR such as arbitration limit the ability for the parties to appeal the decision, which provides greater finality to a case than litigation.
While litigation is highly complicated with rules of evidence and procedure, these formalities are often less common in various forms of ADR. For example, a person in mediation can base his or her opinion on evidence that would not be admitted in court. In arbitration, the parties agree upfront about which common rules they will follow and which they will not.
Another way that parties can customize the experience of arbitration is to have an agreement regarding confidentiality before arbitration is held. The parties can agree to make confidential their own statements, the decision and the experts’ testimony. In mediation, the mediator is also bound by confidentiality, making the parties more apt to freely and honestly communicate than they would otherwise.
Because a patent attorney has this specialized knowledge, it is often wise to engage his or her services. He or she can assist with any form of ADR due to this focused and complex knowledge.