IP: Achieve mediation success by building credibility

Tips for reaching a resolution in intellectual property disputes

Most intellectual property lawsuits involve some form of voluntary mediation that attempts to resolve the dispute. A resolution almost always works in the favor of both sides. But actually reaching that agreement oftentimes is very difficult.

Although each mediation is different, there are certain techniques that I have found helpful in my mediation experiences during the past 25 years. Foremost, it is important to face the reality that both sides must voluntarily agree to the settlement terms. Antagonizing the other side through chest-beating tactics or demeaning their lawyers through verbal assaults is counterproductive. Building credibility is the key. That is, success follows the establishment of:

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Greg Vogler

Greg Vogler is one of the co-founders of McAndrews, Held & Malloy. He focuses on patent, trade secret and trademark litigation, as well as...

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