Every type of intellectual property case can be mediated effectively with a mediator experienced in the field. This can include patent infringement disputes, patent license disputes, copyright infringement claims, trademark infringement and trade secret disputes.

Because the mediator acts as a neutral voice, a good mediator can help the parties look at the realistic outcomes before reaching a decision to settle or not to settle. The process is confidential, allowing the parties to have a frank and honest discussion without fear that what is said may be used against them. The mediator does not decide any issues and will not force a party to settle. Unlike an arbitrator or a judge, the mediator’s role is to assist the parties in reaching a settlement of the dispute.

One of the most important characteristics to look for in an intellectual property dispute is a mediator who understands the the law, the issues and technology involved, and has experience in what the parties can expect if they choose not to settle. A good mediator must also be creative so as to offer solutions they parties have not considered.

Patent litigation can be extremely expensive and time consuming. A patent infringement case of even moderate complexity can cost millions of dollars. In addition, a lawsuit can be a drain on a company’s business development strategies, personnel time and other distractions from the core business. Mediation can eliminate the cost, time and risk involved in a patent dispute.

Traditional litigation is extremely expensive, time consuming and fraught with risk. Mediation can end the dispute, put the parties back to business and eliminate any risk moving forward.

A skilled mediator will attempt to break through whatever hurdles have led to the dispute, whether financial, technical or just a lack of effective communication. Intellectual property disputes are often technical in nature and more complex than many other types of disputes and lawsuits. A good intellectual property mediator speaks the technical and legal language necessary for the parties to understand and evaluate the costs and benefits of using the traditional court systems to resolve the dispute.

The goal of the mediation session is to arrive at a solution that ends the dispute and is legally enforceable by both parties. The mediated settlement agreement may take the form of a contract for the payment of money, a license agreement, dismissal of the case or any number of other agreements a creative mediator may propose.