Three Things to Know About Mediating Licensing Disputes
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The number of IP disputes resolved in mediation has continued to increase as attorneys make efforts to find speedy resolutions and cut litigation time and cost for their clients. Only a small percentage of costly patent infringement cases actually go to trial; approximately 90 percent of them are settled.
Business people and their counsel recognize that mediation is a cost-effective, low-risk process with a remarkably high success rate when conducted by an experienced mediator. In mediation, parties avoid the risk of trial and remain in control of the resolution. Mediation is a good way to preserve business relationships. In order to have the best opportunity for settlement, counsel should consider the following three points:
1. Bring the right people to the mediation.
2. In advance of mediation, consider some possible business solutions that might be acceptable to your client and to the opposition.
3. Finally, do not leave the mediation without preparing a short list of the deal points agreed upon.
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