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


Managing IP


ManagingIP profile

RT @pklally1: Watch the 1st @IPInclusive #diversity video here now, featuring @The_IPO staff, patent attorneys and a translator: https://t.…

Nov 30 2015 05:18 ·  reply ·  retweet ·  favourite
ManagingIP profile

7% a very low figure but at least helpful to know where we're starting from

Nov 30 2015 04:02 ·  reply ·  retweet ·  favourite
ManagingIP profile

RT @KevenBader: .@JohnAlty1 signs the @IPInclusive Charter on behalf of @The_IPO He encourages others to follow suit. #diversity #inclusion

Nov 30 2015 04:00 ·  reply ·  retweet ·  favourite
More from the Managing IP blog

AIPLA Daily Report 2015

Read this year's AIPLA Daily Report - published daily by Managing IP direct from the AIPLA Annual Meeting in Washington, DC

null null null

AIPPI Congress News 2015

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

null null null

November 2015

The universal language of non-verbal design marks

Numerous global brands have adopted design marks without words as their primary branding device. These universal sign marks can transcend cultural and language barriers. What challenges do they present from a trade mark perspective? Lisa Pearson, Jill Tomlinson and Sam Kilb investigate the position in the United States

Most read articles