Commercial suicide or good business sense?

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

Commercial suicide or good business sense?

Judges, IP offices, parties and even some lawyers are in favour of mediation in IP cases. So why is it not more common?

arnold-richard-200.jpg

I was at a seminar on mediation organised by the UK IPO and hosted by Wiggin in London last night for companies and trade associations in the creative industries

The Institute of Trade Mark Attorneys is holding another event on Tuesday, which suggests that the topic is on something of a roll at the moment (it’s also the subject of Managing IP’s next cover story). So what’s going on?

The new push to sell the benefits of mediation has trickled down from the 2009 Jackson report into ways to rein in costs in civil litigation in the UK. In it, Lord Justice Jackson recommended there be a “serious campaign” to ensure judges, lawyers and businesses know about the benefits of ADR.

Mr Justice Arnold (right) spoke last night, and it was clear that he is already an enthusiast (“It works so go and do it” were his closing words).

The speakers also made clear that there was plenty in it for businesses, particularly for those who want to maintain a working relationship with the parties with whom they are in dispute. As mediator Andrew Hildebrand said: “It can be hard to reassure the other side that you want to do business after litigation. It certainly isn’t helped by the words ‘we have been instructed by’.”

But what’s in it for law firms? After all, there must be pressure in the partners’ dining room on litigation lawyers to bring in the cash, and the biggest cheques invariably follow trips to the High Court (and beyond).

Wiggin lawyer Simon Baggs referred to that in his presentation, saying that barristers and solicitors had been asking him whether a talk advocating mediation didn’t amount to commercial suicide.

But when one audience member asked why private practice lawyers would encourage clients to settle through mediation, Baggs said that it was a matter of economics: it was in his interest to keep his clients satisfied, he said. “There’s lots to be said for clients leaving mediation happy. They tell people and that means we get more buyers of legal services. Any referral is good.”

Although there’s an element of “well he would say that, wouldn’t he?” in his comments, one of Baggs’s clients later told me that he was right: good law firms focus on keeping existing clients happy – and returning – rather than burning them with one piece of expensive, but traumatising, litigation, especially when legal budgets are under pressure.

“We talk,” she said. “The word soon gets around.”

If you have experience of mediation (good or bad) and want to share those with us for our forthcoming article, do let us know.

more from across site and SHARED ros bottom lb

More from across our site

Loke Khoon Tan and Stephanie Yip at Dentons explain what brand owners need to know ahead of January 1 2027, when updates to China’s Trade Mark Law come into force
New US bills signal that firms should work with clients to ensure they are complying with potential regulatory requirements
Octavio Espejo of Becerril, Coca & Becerril explains how sweeping patent reforms reshape filing strategies, prosecution, and divisional application practice
The UK Supreme Court’s decision in Tesla v Avanci enhances the UK's attractiveness for global FRAND battles, say lawyers at Simmons & Simmons
PE-backed practices now comprise the majority of ranked firms for patent prosecution in the Netherlands, but competitors are confident about their decision to remain independent
The firm says new additions position Brown Rudnick as a market leader in tech, life sciences, and global litigation
Richard Quatrano, counsel at Olshan Frome Wolosky, shares why technology M&A buyers and sellers must verify written IP assignments, as broken ownership chains can undermine valuation, deal terms, and closing certainty
Appointment of AI and copyright expert Anna Naydonov, as well as another partner from Orrick, shows how firms can attract top litigators through leveraging the power of their existing teams
K&L Gates and Baker Botts have recruited leading patent practitioners from Wende IP and EIP, respectively, as they seek to strengthen European patent litigation capabilities
The departure of a large chunk of Spruson & Ferguson's legacy leadership could have destabilised the firm, but it's fighting back with strategic hires and promotions
Gift this article