Introduction to mediation
Produced in partnership with Latham & Watkins
Introduction to mediation

The following IP guidance note Produced in partnership with Latham & Watkins provides comprehensive and up to date legal information covering:

  • Introduction to mediation
  • Overview
  • Which cases to mediate
  • When to mediate
  • Conduct of mediation
  • Settlement
  • Costs

This Practice Note provides an overview of the mediation process and some of the key practical issues that a practitioner needs to consider. There is nothing unique about mediating an intellectual property dispute in comparison to other disputes. The conduct of any mediation depends on the nature of the dispute and the parties’ intentions and therefore the issues involved will guide the considerations outlined in this note (such as the choice of mediator, the papers prepared, etc).

Overview

Mediation is a voluntary and confidential attempt by two or more parties to reach a negotiated settlement to a dispute. It is conducted by the parties with the assistance of a neutral third party (the mediator) who facilitates a resolution. Mediation, when conducted effectively, gives power back to the parties and allows them to pursue their desired objectives through a negotiated outcome. It is one of the most common forms of Alternative Dispute Resolution (ADR).

The key benefits of engaging in mediation include:

  1. party autonomy and flexible outcomes: in a mediation, parties have control over both the procedure and the conduct of the proceedings. Sometimes, they may also agree in advance to the possible outcomes from the mediation. Because of this, it is possible to resolve a dispute in a wider variety of ways through a mediation than would be available through conventional