InternationalUSRemember you can easily switch between MIP US and MIP International at any time

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

It might 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...


Please log in to read the rest of this article.

New to Managing Intellectual Property? Take advantage of one week’s FREE access and become a Managing IP member today. It’s free to join and the benefits start straight away.

Already registered?

Please make sure you log in to read the rest of the article.

Log in

Join us now

Gain 7 days FREE access when you register now.

Join here

profile

Managing IP

ManagingIP

ManagingIP profile

RT @IP_STARS: IP firm news from @HoganLovellsIP, @Hunton_Williams, @AllenOvery https://t.co/5F0rwHYvlm .@ManagingIP #partner hire #Intellec…

Sep 23 2016 04:56 ·  reply ·  retweet ·  favourite
ManagingIP profile

.@MarquesIP chair Uwe Over finally gets to wear his flip-flops at the end of #marques16 Next year: Prague! 🇨🇿… https://t.co/emBn7LeJTA

Sep 23 2016 01:32 ·  reply ·  retweet ·  favourite
ManagingIP profile

#marques16 moderator: "We're running out of time..." Marion Heathcote: "Indigenous communities have waited hundreds of years" Audience: 👏👏👏

Sep 23 2016 10:40 ·  reply ·  retweet ·  favourite
More from the Managing IP blog


Read this year's AIPPI Congress News - published daily by Managing IP direct from the AIPPI Annual Meeting in Milan


null null null

September 2016

The Mad Men of IP

In the early 1960s, patent practice was quiet and inventors often faced a hostile environment. But then, like now, new technologies were emerging to reshape business and the economy. Across North America, innovative lawyers set up boutique firms that would transform the market, many of which still exist today. Fifty years on, Jakob Schnaidt tells their story



Most read articles

Supplements