Working with an intellectual property mediator in Boca Raton is an alternative to going to court. It can help resolve disputes related to all matters of intellectual property, including:
- Trade secrets
- Authors’ rights
- Moral rights
- Utility models
- Geographical indications
In mediation, the parties involved present their cases to the mediator and negotiate a settlement. Mediation takes the place of a judge’s ruling and allows those most affected by the outcome to remain in control of the resolution.
Mediation provides an opportunity for everyone involved in an intellectual property dispute to focus on resolving the dispute without a lengthy and costly court battle. The process invites open and confidential discussions, which tends to promote healthy lines of communication and makes it easier to resolve the dispute.
Parties are free to represent themselves or to be represented by their attorneys during the mediation process. Attorneys are free to advise their clients, but since the setting is less formal than litigation, the work of attorneys involved will differ slightly.
Mediation also offers those involved in an intellectual property dispute more control of the process. Rather than being tied to court appearances at set times and dates, parties have the freedom to schedule the time and location of negotiating sessions. Additionally, parties have the opportunity to select the mediator, as opposed to having no say in the matter of who is overseeing their case in the courtroom. This means it is possible to choose a mediator with extensive experience in this particular practice area and not waste time educating the mediator regarding the details of intellectual property law.
In mediation, parties can also decide whether to continue negotiations if they feel they are not moving forward and determine whether or not they want to abide by any of the resolutions proposed. This means that it is possible for all parties to walk away from an intellectual property dispute happy with the outcome – something that rarely happens with litigation when there are a clear winner and a clear loser.
Finally, mediation allows for creative solutions that would not be an option in a court trial. Nobody is bound by applicable rules and procedures and available legal remedies as they would be in litigation. In an informal mediation setting, this makes it easier and more likely for parties to more readily move toward a mutual goal and reach a settlement.
Should the mediation prove unsuccessful, parties are free to pursue other means of dispute litigation, including litigation. Nothing said during mediation can be used against the other party, but those involved in the mediation attempt can use the information they learned during the process to better manage litigation.
If you are involved in an intellectual property dispute in Boca Raton and you believe mediation might help you resolve it efficiently, Nathan Schwartz can help. Nathan is an experienced mediator who understands that the courtroom is usually not the most effective place for resolving legal disputes. If you would like to learn more about intellectual property mediation in Boca Raton or you are ready to schedule a meeting with Nathan, contact him at 855-973-4835.
Practice Areas as Lawyer
Practice Areas as Mediator