A survey conducted by the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Center shows increasing interest in mediation among technology professionals. The survey indicates that dispute resolution options are commonly selected based on cost and time, and that litigation is the most expensive and time-consuming. Technology litigation takes about three years and nearly $500,000 on average, and even more time and nearly twice as much expense for litigation abroad. Arbitration is viewed as quicker, at about one year, but with costs exceeding $400,000 per case. By contrast, mediation takes about eight months on average and costs less than $100,000, and also encourages parties to find workable business solutions. Respondents report that their new technology agreements now include mediation clauses (often followed by other processes) as often as arbitration clauses.
Intellectual Property Magazine (July/August 2013).
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