Alternative Dispute Resolution in Intellectual Property (ADR)
Alternative Dispute Resolution (ADR) is simply resolving disputes outside the traditional court system. Typically, ADR involves mediation and arbitration (binding and non-binding). These conflict resolution methods are meant as efficient and cost-saving remedies while avoiding prolonged and mundane litigation.
Contracts, license agreements, or purchase orders often mandate the parties to seek ADR in case there is a dispute among the parties, either as a starting point or as an alternative to going to court.
These kinds of “mandatory ADR” provisions are often found in particular industries, such as the securities and construction industries. In other instances, however, we might see adverse parties agree to opt for ADR methods to resolve a dispute.
Forms of ADR Processes
ADR ensures that a group of neutrals having relevant expertise settles the technical and complex issues present in the intellectual property conflicts. In cases where the intellectual property disputes span across borders, ADR becomes even more significant as negotiations are often the sole means of resolving international IP disputes.
Our principal ADR attorney at Drishti Law has expertise both as an advocate and as a neutral at the negotiation table to assist in assuring the fairest ADR outcome.
Drishti Law also provides Early Neutral Evaluation (ENE), a type of arbitration-like procedure by which litigants may assess the risks and the possible outcomes of going through the lengthy and expensive route of litigation.
Mediation
To become a certified mediator, one must take intensive negotiation and conflict resolution training offered by certified mediation trainers and gain practical experience in mediating disputes.
Mediators help parties settle their conflicts, either before litigation or while a lawsuit is in process. The most beneficial aspect of mediation is that it provides quicker, less expensive results than the usual court proceedings.
Regardless of whether required by court or voluntarily chosen, mediation enables parties to negotiate an agreement that is flexible and tailored according to the parties’ needs, containing those provisions that are often unenforceable by the courts.
Due to these reasons, mediation is the most preferred form to resolve IP conflicts, where parties might need to maintain business relationships as well as require innovative and creative solutions.
Court proceedings are time-consuming, expensive, and parties are restricted to litigate according to what the law provides, whereas mediation is an interactive and expeditious way to resolve intellectual property issues.
Arbitration
Unlike mediation, which is conducted by the parties themselves to arrive at an agreement, arbitration is conducted by an impartial third party who takes into account the evidence and delivers a binding judgment based on that evidence.
Arbitration is generally quicker than traditional litigation. An additional benefit accorded to the proceedings is that they stay confidential. Hence, it is a highly sought-after alternative method of resolving sensitive or complicated disputes.
Our principal IP attorney at Drishti Law has been trained for arbitration proceedings. Our arbitrator is respected by attorneys and parties alike to provide neutral and expert decisions in a vast variety of disputes.
Benefits of ADR Methods
Alternative dispute resolution is usually considered the cost-effective and efficient alternative to judicial IP litigation because the court system itself is constantly occupied with a high number of cases, resulting in delays and protracted timelines. There is also the issue that judges might have limited expertise in complex intellectual property issues.
In addition to these, court rules also permit broad discovery, such as document production, depositions, and various motions, all of which can lengthen and incur heavy expenses for litigation.
Even if we set aside these facts, it is important to keep in mind that there is confidential information involved in IP disputes, particularly for patents and trade secret disputes, and court hearings are public, thereby risking the breach of confidentiality. For all such reasons, ADR is advised as an option.
Having said that, ADR cannot necessarily be the ideal choice for every dispute. While it does present a strong alternative to dispute resolution, it is important to ascertain beforehand if the conflict is capable of getting resolved through this route or if it needs to be taken to the court.
Fortunately, at Drishti Law, our IP attorney takes the time to advise and consult with clients to assess their options and choose the best course of action for their intellectual property disputes.
When ADR is the most appropriate way to proceed, our principal IP attorney delivers experienced representation every step of the way, from choosing mediators or arbitrators to arguing the case before a neutral arbitrator or panel.
International Alternative Dispute Resolution for IP Conflicts
Our principal ADR attorney at Drishti Law has broad experience representing clients in international arbitration, a favored approach for settling cross-border disputes in the modern global economy. With increasing international commerce, arbitration provides a strong, neutral platform for settling disputes between entities of varied jurisdictions.
Our IP dispute resolution attorney has advised clients in arbitration cases between parties from different places globally. Beyond extensive expertise in international arbitration laws, he has hands-on experience dealing with challenges of how to secure precise document translations, hiring experienced international law and business professionals, and dealing with issues of discovery.
We also possess a solid record of enforcing arbitral awards and overcoming procedural obstacles that typically occur in international ADR proceedings.
Avail the ADR Services of our IP Attorney now!
At Drishti Law, we assure you of quality, efficiency, and strategy. You have put significant effort into building your business, so it’s only fair to acquire maximum intellectual property protection for it. Therefore, we offer legal services catered to your needs and customizable to your demands.
If you have questions about alternative dispute resolution methods, reach out to Drishti Law at 773-234-1139 for a free consultation. Our experienced IP attorney is here to guide you through the process and resolve all your queries, helping to ensure that your IP disputes are resolved in a way that yields the best outcome and for a very reasonable expense.