Advantages of Mediation in Intellectual Property Disputes
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“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser — in fees, expenses and waste of time.” – Abraham Lincoln
As stated by Abraham Lincoln, attorneys should prevent their clients from going to court. When faced with a dispute, business executives should instead be encouraged to consider alternative dispute resolution (“ADR”) options. ADR refers to a wide range of dispute resolution processes that help parties resolve their disputes without a trial – from informal discussions to formal adjudications. The use of ADR has expanded in recent years as parties are seeking ways to circumvent overcrowded court dockets while keeping their disputes confidential and avoiding soaring litigation expenses. Still, not all ADR processes are created equal. Out of all the available options, mediation is considered to be the most business friendly ADR process. Mediation has especially gained popularity among parties in conflicts involving technical topics like intellectual property (“IP”). This recent trend is based on the fact that mediation offers many distinctive advantages, some of which are detailed hereafter.
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