How can I resolve intellectual property disputes?

When individuals are involved in situations where their intellectual property is being used and abused by another party, they may be able to solve it without entering court. There are processes involved in dispute resolution that can be beneficial for these individuals. With these processes, they may be able to avoid the time-consuming nature of litigation, which can also prove to be less costly for some individuals since they will not have to pay as many attorney fees.

What is arbitration?

Through arbitration, opposing parties can meet to reach an agreement with one another. This process is binding and confidential. Arbitration includes a panel of attorneys that will be present throughout the process. These attorneys will be highly skilled in the area that is being disputed upon. This can be intellectual property. The attorneys, known as the arbitrators, will hear each side of the case. After hearing both sides from each party, they will decide on the matter. Their decision is binding and cannot be appealed once it is made.

How can mediation help?

Another option that individuals have is to participate in mediation sessions. Mediation is a process where the two disputing parties meet with a neutral third party. This neutral third party will act as a mediator throughout the process. The two parties are still able to bring their attorneys along with them. Parties can discuss the issue that is at hand and try to come to a resolution together. This can require a lot of cooperation on both sides since you will need to work together toward resolving the issue. The mediator does not decide on the issue for you. They simply just guide the conversation along to ensure that it is productive. When parties enter into mediation, they have the ability to end the process at any time. If they are not happy with the way things are going, they can opt to end mediation.

Through these processes of mediation and arbitration, parties can resolve their issues instead of going to court. This can be beneficial for both sides since they will not have a judge deciding on issues for them.
