INTA members boost their mediation skills

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

INTA members boost their mediation skills

A multinational group of trademark professionals met yesterday to hone their mediation skills by working through a series of role plays. But they were taken out of their comfort zone with dispute scenarios where brand names weren’t at stake

screen-shot-2012-05-06-at-02.png

A multinational group of trademark professionals met yesterday to hone their mediation skills by working through a series of role plays. But they were taken out of their comfort zone with dispute scenarios where brand names weren’t at stake.

“The fact patterns aren’t trademark-related,” explained INTA’s Char Clark. “If they were, the tendency would be for lawyers to get into their own headset.”

Instead, the 36 INTA members on the two and a half-day basic mediation course worked their way through three scenarios, including one focused on breaches of conflict and employee non-compete clauses. Obliging trademark professionals to work through disputes outside of their day-to-day work is designed to sharpen the skills they need to mediate disputes in any areas of the law. “It’s a great idea,” said William H. Frankel of Brinks Hofer Gilson & Lione, one of the participants in the course. “Much of mediation is exploring the parties’ issues. They can be very divergent, even in trademark issues, although the techniques are the same”.

Day one saw a group of experienced mediators, led by Sandra A. Sellers of Technology Mediation Services, talk the 36 participants through mediation theory and act out some scenarios. On days two and three they got a chance to put theory into practice with interactive exercises and coached role plays, working in groups of six that were each assisted by an experienced mediator.

“Being a mediator comes naturally to some people but this training is invaluable in honing the skills you need,” said Kristin J. Achterhof of Katten Muchin Rosenman, another of the participants.

Achterhof and her fellow team members were enthusiastic about the benefits mediation offers to clients: It’s cost effective; enables the parties to develop creative solutions that the courts may not be in a position to provide; helps the parties to avoid the publicity that can accompany a lawsuit; offers them the ability to control when the dispute is resolved and a higher degree of certainty over the outcome; and its non-binding nature empowers the participants in a way that litigation cannot.

Mary Concilia Anchang of Onambele-Anchang & Associates in Cameroon, also taking the mediation course, said that mediation can be particularly useful in helping businesses resolve their disputes in jurisdictions where legal institutions are relatively weak.

“Africa has lots of infrastructure and other investment projects but doesn’t always have very strong legal institutions. We need flexible tools to give businesses the confidence to invest. Mediation can be a very effective tool.”

INTA has produced a video introducing mediation and explaining why it encourages members to use it to resolve their disputes. The video, with contributions from members including J. Scott Evans of Yahoo! and Toe Su Aung of BATMark, seeks to provides answers to eight questions: what is mediation; what is the difference between voluntary and mandatory mediation; why recommend mediation; is mediation a sign of weakness; when is the best time to mediate; what is the best way to choose a mediator; how much does mediation cost; and what to do when it fails. You can watch the video at www.inta.org/Mediation/Pages/Mediation.aspx.

more from across site and SHARED ros bottom lb

More from across our site

Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
Gift this article