You are reading this newsletter because you came into contact with our firm at some point. Presumably you needed legal help with a conflict, or advice on how to avoid a conflict. Many people know that a lawyer can help with litigation, but I want to talk about that there are other ways to settle legal conflicts. One of them is mediation.

I can hear you thinking, mediation is soft, is that appropriate for a business dispute? It may or may not surprise you, but the experience I had was extremely positive and I am happy to share it. In a rock-hard, business-like, international dispute over infringement by a French company of my client's patent rights, settlement negotiations ran aground. In situations like this, it often goes like this: acknowledging the infringement is difficult, or to their credit, they didn't do it on purpose anyway, and acknowledging the patent rights can also be difficult, even though that is then a minimum requirement for the patent holder. Often parties want to come out of it to avoid litigation, but the feelings of principle on both sides are just too strong to reach a settlement agreement. So too in this case. But because both sides had lawyers who were open to alternatives, these were actively explored as well. A mediator with a background in law in the same area of law was found, and the first appointment was made. 

After the mediator spoke to both parties separately, a meeting was called. With lawyers, but that can also be done without. In this case, it was convenient that everyone was aware of the discussions and could continue talking immediately, in separate rooms. The mediator walked into both rooms and shared his thoughts, asked good questions. Then the discussion continued in plenary. There was a positive atmosphere despite the conflict, both sides wanted to find a solution, but within that there was room to explain the divergent views and understand each other better. 

Further positions were then exchanged in writing and agreement was reached at the second discussion. Both for the patent dispute, and for a cooperation agreement. Both extend many miles beyond the jurisdiction limits of the Dutch courts. In short, with all the rightness in the world, my client could not have achieved this result in court.

Because it is not always obvious, it is actually good to think and talk about this. As much as I love putting on the gown, this experience was at least as rewarding. 

Want to know more about mediation in IP disputes? Feel free to call me, or come over for a coffee!