To ensure that we offer the best in intellectual property (IP) mediation, ADR Systems has assembled an all-star panel of IP neutrals, including some of the field’s most prominent attorneys. However, it might not be clear why you and your client should consider fee-based private mediation for your IP matter when it is often possible to obtain it without charge through a federal magistrate judge.
First, private mediation may be pursued without filing a lawsuit, and may allow lawsuit to be avoided. This is not true of mediation through a magistrate judge. Furthermore, the incremental cost of pursuing mediation through a private provider is likely to be only a fraction of the fees associated with filing any suit in this area.
Second, through private mediation, you may obtain a mediator with a background in the pertinent technical or IP areas, including very recent developments in law and/or technology. This is not necessarily true with a magistrate judge. What’s more, a private mediator is much more likely to pursue a flexible settlement structure involving meaningful non-monetary awards, such as grant-backs, cross licensing and patent pooling. A magistrate judge is more likely to emphasize a simple monetary award. A private mediator will also be fully amenable to the parties’ suggestions as to the timing and process of the mediation, which is not likely to be true of a magistrate judge who has numerous other responsibilities.
Despite the initial cost of private mediation versus free mediation through a magistrate judge, private mediation can save you time, money and much more in the long run.
To access our complete panel of IP neutrals, please click here.
To learn more about ADR Systems IP practice, please click here, or call us at 312.960.2260.
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