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Mediation is not just for simple disputes. Consider mediation if any of the following are of importance to your organisation:

Cost control: Most hi-tech and intellectual property matters are extremely expensive to litigate and they often are settled via business agreements. Much of the cost of discovery, trial preparation, exhibits, expert witnesses, and executive time can be saved by using mediation.

Need for a business solution: A mediator can help the parties craft a variety of business arrangements and lay the groundwork for future business. A mediated agreement may extend well beyond the subject matter of the pending lawsuit and accommodate larger business interests. This cannot be done through the court system.

A court may misunderstand the law or technology: The judge or even arbitrator may have trouble understanding the legal issues and the underlying technology in a dispute resulting in a "bad" decision. The parties can these factors through mediation.

The useful life of the subject matter is time limited: Many products and technologies become dated very quickly. Litigation can and often does, last years, by which time the object of the initial dispute may have little or no value to the parties. Mediation can resolve the dispute quickly, while the product is commercially viable.

Disclosure of confidential information: Law suits are public. Many hi-tech and intellectual property disputes, involve confidential business and technical information. Mediation keeps these private. Mediation is protected as confidential settlement discussions.

Mediation in Technology Disputes

Windows of opportunity exist for only a brief moment in time, you have to have vision in order to spot them, and take advantage of them.

John Sculley

Mediation can be of special use to you as a disputant in high technology disputes as it:
• Saves time and money:

Mediation can avoid much of the expense and time-consuming procedures of lawsuits. Your energies and resources, whether people, time or financial can be used in more productive ways.
• Allows for control of the outcome;

A mediator does not make the decisions like a judge or even an arbitrator. The parties to the dispute work out the resolution with the mediator's help.
• Is confidential;

Mediation is confidential, so no one other than the parties need know they have occurred.
• Maintains relationships;

Every company wants to maintain business relationships especially in industries where repeat dealings are almost assured. A lawsuit will not preserve relationships but mediation may do so.
• Allows for creative solutions;

Mediation not only resolves the problem, but also may help form new business, out of creative solutions such as license agreements, joint ventures or other services.
• Provides quick results;

Mediation has a statistically high (80%) success rate and participants report greater satisfaction with the process and outcome than in traditional litigation.
• Low risk;

Mediation is non-binding and other options of litigation or arbitration can be used if mediation is not successful. Due to the low cost and minimal time invested in mediation, and its high success rate, mediation should be the first choice for dispute resolution.
• Can be used in complex disputes;

For further information, please contact us.