Six Things You Should Know About Mediating Licensing Disputes
February 10, 2014
Savvy business people are looking to mediation as a way to cut the transaction costs of managing intellectual property disputes by avoiding lengthy litigation. Only a small number of costly patent infringement cases go to trial, and about 90% of these are resolved, often by entering into a licensing agreement for future use.
Mediation is a low-risk process. It has an impressively high success rate when conducted by an experienced mediator. Participants value the confidentiality that cloaks the process and also the control that they gain over the resolution of the dispute.
ADR PROCESS DESIGN
Collaborative Use of Technical Experts For Environmental and Construction Dispute Resolution
December 11, 2013
Disputes involving environmental and construction issues, like other highly technical disputes, commonly require the use of experts, probably one of the most expensive individual items in an adversarial dispute resolution process. This article looks at how technical experts can be used most cost effectively and productively, and can help to resolve disputes in a collaborative manner.
In traditional adversarial dispute resolution, particularly arbitration and litigation, the use of experts involves significant time and expense. This includes engaging initial technical advisors to evaluate the problem, identifying experts, getting the expert to review all information, producing drafts and final reports, taking depositions of the experts during discovery, and preparing experts to testify at hearings. The final adversarial phase for experts is the cross-examination of the expert at the hearing, where opposing counsel attempts to obscure facts, distort positions, and point out prejudices, thus creating a difficult job for the non-technical decision-maker to decide which expert is correct.
November/December Meetings & Events
November 13, 2013
CPR member-only committees are the backbone of CPR’s
thought-leadership and play a critical role in shaping the future of
ADR. Committees provide the unique and rewarding opportunity for users
and practitioners to convene, collaborate, define best practices and
spearhead innovation in commercial conflict management. If you are
interested in joining a committee, attending one of these meetings, and
strengthening your connections, contact CPR Membership Director Terri
Bartlett at firstname.lastname@example.org or + 1.212.949.6490.