How intellectual property lawsuits get resolved can be critically important to the parties to those lawsuits. The right to sell an allegedly infringing product or service; the price for that product or service; sometimes the very existence of the company: All can be at stake in an intellectual property case. But our judicial system generally leaves the outcome of these highly technical, complex disputes to randomly selected strangers — jurors, who may or may not have the appropriate technical and financial background correctly to understand, let alone correctly resolve, the issues in an intellectual property case.
Mediation provides the parties with the power to transfer the control of the outcome of their dispute from strangers back to where, in many cases, it most appropriately resides: with the parties themselves. Despite the power that this tool provides, too many litigators — and, perhaps more important, too many parties — approach mediation as if it is a burden to be shouldered rather than an opportunity to be embraced. Having served as mediators in a variety of intellectual property and related cases, we present lessons distilled from our collective experience.
Read the full article here: What to do Before During and After an IP Mediation – Samuel Miller article