To ensure that we offer the best in mediation for intellectual property disputes, 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 of intellectual property disputes can save you time, money and much more in the long run.

Access our complete panel of IP neutrals.

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