Resolving Intellectual Property Disputes through Mediation

Staying competitive in the market is crucial for any business owner, whether you operate a small logistics company or a large tech business. Part of being competitive involves protecting the tools, solutions, and products that give you an edge over other companies.

Whether you do this with patents, trademarks, copyrights or trade secrets, you should be prepared to take action in the event another party uses or accesses protected information without authorization. One way to do this is through mediation.

Why mediation?
Mediation is an alternative method for resolving disputes that keep the case out of the courts. Instead of making a case in front of a judge or jury, parties work together to come up with a resolution. A neutral mediator - usually a retired judge or an attorney with specific experience in intellectual property -- assists in the process, helping conversations progress and offering solutions that the disputing parties may not have considered.

There are various benefits to mediation including:

  • Protecting confidential information
  • Getting faster results
  • Incurring fewer legal expenses
  • Potentially preserving relationships
  • Maintaining more control over the resolution

What are the other options?
As much as a party or parties might want to pursue mediation in the event of a dispute, it may not always be a good option. For instance, if parties have tried to come to an agreement outside of court and failed, then it may be necessary for the courts to decide the matter. If the arguments are too divisive or one of the parties refuses to participate, then mediation may not be the appropriate option, either.

Assessing your dispute resolution options with an attorney
The stakes of intellectual property disputes can be quite high, so it is important to take them seriously and work diligently to secure a fair resolution. Whether this is through mediation, litigation or another method of dispute resolution, you would be wise to work with an attorney to identify the best options and pursue a satisfactory outcome. 

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