Utilising the skills of a mediator in an IP dispute is a useful and often more cost-effective alternative to pursuing a claim through the courts.

A mediator is an impartial third party, who is employed to help both sides in a dispute to find an acceptable resolution. Mediation can only take place with the consent of all parties involved and can happen at any stage of a dispute; both prior to and during court proceedings. It is increasingly common for the courts to impose a stay on proceedings to enable the parties to attempt to mediate. Mediation is recommended for all types of disputes, including civil and family disputes.

How does mediation work?

Mediation is a non-confrontational method of attempting to reach a resolution to a dispute. It is not conducted through a court but like a court, a mediation is overseen by someone who is impartial and objective. The main objective of mediation is to enable both sides in a dispute to reach an acceptable settlement which does not necessitate the involvement of the court. An experienced mediator will attempt to find some common ground between the conflicting parties, in order to find a practicable resolution.  In some cases this may enable the parties to maintain a previous relationship and continue to work together in the future.

As discussions that take place during mediation are conducted on a “without prejudice” basis, any admissions or concessions made by parties during the mediation will not count against them if settlement is not achievable and the case proceeds to trial.  

If you are involved in an IP infringement dispute and need legal advice, please do click here.