The following IP guidance note Produced in partnership with Latham & Watkins provides comprehensive and up to date legal information covering:
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).
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:
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
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234