The Case for Mediation of Intellectual Property Disputes

Résumé :

This article examines the benefits of mediating intellectual property disputes. It first considers disputes that would likely be unsuitable for mediation. Then, for the remaining disputes, it enumerates reasons favouring the use of mediation to resolve them. These reasons include a high success rate; the ability to select a mediator having a suitable style, background, and training; cost savings; speed of getting to a mediated result; and, often, a “better” result. Comparisons and differentiations are made between the mediation and litigation processes. As well, differences between mediation and arbitration—and between private mediations using a trained mediator having an intellectual property background—and judicial mediations are considered. Finally, some thoughts on improving the chances of success when mediating an intellectual property dispute are provided.