Alternative Dispute Resolution
Litigation will not always be desirable, and it may in some circumstances be attractive to resolve intellectual property rights by less contentious means, namely through Alternative Dispute Resolution (ADR).
Mediation is a form of ADR that can be used to resolve intellectual property disputes (and, indeed, any civil dispute) through a process of negotiation. It can in some respects be more advantageous than contentious litigation for example, ADR will often be more cost effective, offers more flexible options for settlement and will remain confidential between the parties involved. Once a settlement agreement is signed by mutual consent between both parties the parties are legally bound.
Arbitration is another form of ADR which offers a binding decision, but outside the traditional court system offering the chance to maintain confidentiality in sensitive cases.
ADR has been utilised increasingly in civil disputes, particularly since the inception of the Civil Procedure Rules 1998 (CPR). In fact, under the CPR, ADR is positively encouraged as part of the active case management process (CPR 1.4(2)(e)). Although parties are not obliged to adopt ADR as an alternative to litigation, a failure to give due consideration to the use of ADR may result in negative repercussions (for example an adverse costs order and even possibly an order to pay the other side’s costs even if you win).
palmer biggs legal offers advice and services to clients in relation to all aspects of ADR. As well as representing clients at mediations we can offer accredited mediators and reasonably priced and high quality mediation services.
If you require further information contact us.
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