International Patent Litigation and Mediation

Richard Price of JAMS ADR explores how despite its significant potential to resolve complex disputes efficiently, mediation remains underutilised in international patent litigation due to factors such as overconfidence, fear of appearing weak, and commercial pressures on lawyers. Insights from industry professionals, like Dr. Frank Gerhards, highlight both the benefits of mediation and the cultural and systemic barriers that continue to hinder its wider adoption.

https://www.jamsadr.com/blog/2021/international-patent-litigation-and-mediation

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When to mediateNic ScampionBack to all Resources
Blended mediation - why we're building back better

Rebecca Attree of IPOS Mediation explains how blended mediation, which combines in-person and remote participation, offers a flexible and efficient approach to dispute resolution, reducing travel costs, improving scheduling, and accommodating participants' preferences. While some may have concerns about mediator neutrality in mixed formats, the approach enhances accessibility and adaptability, making it a valuable tool in the post-Covid era.

https://my.newzapp.co.uk/t/view/1485759148/121956528/

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Remote mediation, Designing the mediationNic ScampionBack to all Resources
How Mediation Can Help Both Sides Win a Trade Secret Case

James Pooley of IP Watchdog looks at how trade secret disputes are often emotionally charged and rooted in broken relationships, making mediation an ideal tool to help parties identify the real issues and reach resolution before costly, protracted litigation unfolds. By engaging a skilled, evaluative mediator early, parties can address underlying emotional dynamics and business interests, ultimately reducing damage, preserving relationships, and achieving more satisfying outcomes.

https://ipwatchdog.com/2021/03/29/mediation-can-help-sides-win-trade-secret-case/id=131590/

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Choosing a mediator, Commercial mediation, IP disputes, Preparing for mediation, The mediation processNic ScampionBack to all Resources
Drafting Mediated Workplace Agreements

Christopher Sheesley of Mediate.com looks at how drafting mediated workplace agreements involves carefully capturing mutually acceptable, thorough, durable, and balanced commitments that reflect the participants’ genuine intentions and language. These written agreements help ensure accountability and support lasting improvements in workplace relationships, even when major breakthroughs aren't achieved.

https://mediate.com/drafting-mediated-workplace-agreements/

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Workplace disputesNic ScampionBack to all Resources
Effective Mediation Techniques for Complex Cases - Part One

In part one of the five-part series on effective mediation techniques for complex cases, Amy Dunn Taylor focuses on the critical logistics that influence mediation success, especially timing and mediator selection. She emphasises the importance of mediating when parties are well-informed but not yet exhausted by litigation, and choosing a mediator with trial experience, subject matter knowledge, and strong interpersonal skills to guide productive dialogue.

https://www.krcl.com/insights/effective-mediation-techniques-for-complex-cases-part-one

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Preparing for mediation, The mediation processNic ScampionBack to all Resources
Five Principles to Maximize Chances of Success in Mediation

To maximise the chances of success in mediation, attorneys and clients should carefully select a mediator suited to the specific dynamics of the dispute, approach mediation collaboratively rather than adversarially, and maintain open, candid communication with the mediator. Success in mediation should be viewed not only as a settlement, but also as a valuable step toward understanding the dispute and creating the conditions for resolution, even if agreement is not immediately reached. By Rachel Gupta

https://mediate.com/five-principles-to-maximize-chances-of-success-in-mediation/

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Choosing a mediator, Mediation styles, Preparing for mediation, The mediation processNic ScampionBack to all Resources
Mediation Law During COVID-19

Tony Allen, CEDR, provides a digest of (2020, UK) decisions that relate to mediation and its place in civil justice, including costs sanctions for not mediating, confidentiality of the mediation process, judicial encouragement and facilitation of mediation, and conflicts of interest and mediator appointments.

https://www.cedr.com/mediation-law-during-the-covid-19-pandemic/

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Refusing to mediate, Privilege-confidentiality, Growing mediation, Choosing a mediator, Settlement agreementsNic ScampionBack to all Resources
Five Reasons Mediations Fail - How to Avoid Them - CEDR

Dr Karl Mackie CBE, of CEDR, identifies the most prominent five reasons why mediations fail and how to avoid them.

https://www.cedr.com/five-reasons-mediations-fail-how-to-avoid-them/?utm_campaign=Commercial%20Newsletter&utm_medium=email&_hsmi=96962213&_hsenc=p2ANqtz-9VRNbTsl3NknJx3SgHD-OPhRhK1au9VOY8CKi5uqme5bn8GVMqseK53VHK06097pczcpMibGChXSfcjJ28qMuRxB7JZTgNr4xDdJYQU6KrdzGtdM8&utm_content=96962213&utm_source=hs_email

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Negotiation, Preparing for mediation, Succeeding at mediationNic ScampionBack to all Resources
Time to reconsider compulsory mediation to encourage industry collaboration?

Tracey Summerell and Akin Akinbode of Dentons (London) consider the benefits of mediation, and consider that now (then) may be the correct time to consider compulsory mediation in the construction industry.

https://www.dentons.com/en/insights/articles/2020/october/2/time-to-reconsider-compulsory-mediation-to-encourage-industry-collaboration

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Growing mediation, Construction disputesNic ScampionBack to all Resources