Tag Archives: Intellectual property mediation in Los Angeles

How to Win in Intellectual Property Mediation in Los Angeles

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.

Characteristics in Mediators that Lead to Successful Intellectual Property Mediation in Los Angeles

Due to the complexity of intellectual property disputes and the time it takes to resolve them through litigation, many parties turn to intellectual property mediation in Los Angeles. The likelihood of success in intellectual property mediation in Los Angeles is directly linked to the mediator’s skillset. Some characteristics that are routinely part of a successful mediation include the mediator’s:

Ability to Gain Parties’ Confidence

Successful mediators have an uncanny ability to show that they are trustworthy individuals. It is vital for mediators to accomplish this goal because it sets the stage for the parties to be honest and openly express themselves to the mediator.  It also helps when the mediator brings a settlement proposal to each individual party to be able to objectively present it to the party without him or her feeling that the mediator is somehow trying to take advantage of the party.

Empathic

Although mediators must be neutral, they must still be able to express empathy to each party separately.  This allows the party to bond with the mediator, as well as trust him or her more. Additionally, it allows the mediator to ingratiate himself or herself to the party, making the entire process much smoother.

Strong Evaluative Skills

A mediator must be able to discern information quickly.  He or she should be able to evaluate whether a party will be likely to achieve his or her goals outside the mediation setting, such as through arbitration or litigation.  The mediator can weigh the strengths and weaknesses of a case and use this information to encourage agreement between the parties.  Additionally, an intellectual property mediator should be able to assess whether the parties may be willing to enter into side agreements to help resolve the current issue, such as a licensing agreement.