Mediation can now justify its place as a mainstream dispute resolution technique. Not only is it less expensive than most other forms of dispute resolution, it also works. It is now being used in some of the largest commercial disputes with roughly 80% settling as a result. However, relatively few practitioners have a good understanding of the mediation process itself. Written by a leading independent commercial mediator, A Practical Guide to Mediation of Intellectual Property and Related Disputes will assist the practitioner in effective preparation for and representation at mediation, be they a solicitor, barrister, trade mark agent or patent attorney, in-house or in private practice. It explores a range of practical topics, from the timing of mediation and choosing the mediator through to mediation advocacy and option generation, focusing particularly on Intellectual Property related disputes.
* Shows in detail how to use mediation to resolve intellectual property disputes * Contains a wealth of practical advice on strategy and tactics * Uses checklists and diagrams to make issues clear * Covers the subject from an international perspective * Includes real-life examples of mediations to show how procedures work in practice
Introduction. The mediation framework in England and Wales. Mediation in IP and technology disputes. The importance of preparation and timing.The mediation day and getting there. The mediator and their appointment. Preparation for mediation. Mediation advocacy. Settlement. Failure to reach settlement on day. Hybrid processes. Mediation clauses. Case studies.