Mediation in practice

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Cookies Settings

Mediation in practice

A formidable panel of trademark experts took the stage for Sunday’s mock mediation session. On one side were Miles J. Alexander of Kilpatrick Townsend & Stockton in the U.S. and Daniel R. Bereskin of Bereskin & Parr in Canada. Opposing them were Louis T. Pirkey of Pirkey Barber and Lori A. Ball of Molson Coors. Driving the parties towards an agreement was moderator Leslie J. Lott of Lott & Fischer in the U.S.

The lawyers were reenacting a real case concerning the Homeaway and Homesaway marks in a realistic portrayal of a mediation that featured opening statements, joint sessions between the parties, private caucuses and the occasional sarcastic comment (such as “They say it’s not extortion. We know better”).

The session was introduced by James M. Amend, who also provided a commentary on some of the action and decisions. He noted how ­moderator Lott “focused on the driving forces behind a potential settlement” by getting the parties to set out terms first, before deciding on a dollar figure. In the end, the moderator provided a suggested figure confidentially to each party, which they both accepted.

Lott emphasized that focusing on what is “fair” in a mediation may not always be helpful, and it is important to remind the parties of that: “Peace may be more important to the parties than fairness.” Following the mock mediation, the speakers revealed that the real case that inspired the session had been resolved in voluntary mediation to the satisfaction of both parties in 2007, and that both companies had gone on to be successful.

more from across site and SHARED ros bottom lb

More from across our site

The firm is shaping its AI strategy around partnerships with Harvey and Legora alongside internally developed tools from its legal technology company, ELTEMATE
A dispute Down Under shows why trademark lawyers cannot afford to wait on the sidelines when a rival brand gathers momentum
The Third Circuit’s decision in Thomson Reuters v ROSS marks the first appellate-level decision addressing AI and fair use, prompting copyright counsel to consider arguments around potential licensing markets
Injunctions for HandsFree Labs and Align Technology come as the Court of Appeal warns that busy teams must have the staffing and resources to meet UPC deadlines
The chief technology officer remit, which has been created as the firm is building its litigation team, will include expanding the use of AI in patent and legal work and automating manual processes
Former Hoyng Rokh Moneiger partner Laura Alonso, who brought her team to ECIJA in March, discusses plans to expand further and why ECIJA’s ‘IP DNA’ is helping broaden her work
Amita Haylock discusses building an integrated Asia practice as clients increasingly demand that firms combine IP, technology and data expertise
François Pochart, Grégoire Desrousseaux and Lionel Martin, long-standing figures in the firm’s patent litigation team, are set to help launch a Paris-based litigation offering
The Unitary Patent has passed 100,000 registrations, but new data raises the question of whether 30% uptake is a ceiling or a staging post for further growth, say Michael Nielsen and Darren Smyth of EIP and Andrew Samm at Patently
The new generation of in-house IP leaders want commercial judgment, accessibility and flexibility, with AI raising expectations around both fees and delivery
Gift this article