Why mediation’s time has come
Courts are putting increasing pressure on litigants to settle out of court. But are IP owners (and their legal advisers) ready to rethink their dispute resolution strategies? Emma Barraclough reports
have been too much to hope that a multi-billion-dollar IP
dispute spanning four continents and several years would be
settled by a face-to-face chat between executives of two of the
world's biggest technology companies. But don't let the failure
of Apple and Samsung to resolve their patent wars out of court
last month mislead you: mediation is here to stay. If you
haven't been asked to take part already, the chances are that
you will be soon.
Alternative dispute resolution (ADR) takes many forms along
a sliding scale of formality. At one end is arbitration, which
can be as formal as litigation but with the bonus (for some) of
confidentiality. This kind of litigation-lite arbitration may
involve pleadings and cross-examination of the parties. Further
down the scale is evaluative mediation, and then expert
evaluation, where a third party recommends how the dispute
should settle. Then there is facilitative...
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