From my more than 40 years of litigating and licensing Intellectual Property Rights, I came to appreciate the many nuanced issues in IP disputes that cannot be addressed within the formal structures of civil litigation, administrative proceedings or arbitration. The very fact that there are rules or constrictions that dictate what can and cannot be addressed limit the interactions among the parties. Mediation, on the other hand, permits the parties to agree on the format of the discussions and decide what issued are be addressed. Without the constraints imposed by a formal structure, the parties can explore business solutions that are outside of the four corners of the original dispute.
In addition to my litigation and licensing practice, I have significant corporate and private practice patent prosecution experience as a registered United States and Canadian Patent Attorney. With my practice experiences representing individuals and small and large businesses and my exposure to “C” level concerns of time and expense of large corporation litigation, I fully understand the need to achieve a workable resolution for all parties in a reasonable and effective process.
I limit my dispute resolution practice to mediation because one size does not fit all. I have preferences for how things are organized, but it is more important to organize according to the parties’ liking and for the parties’ convenience. I do not object to travelling when it benefits the process, and the firm does make its office available for mediations in the Philadelphia or Princeton locations as convenient for the parties.
I do require that the parties commit to a full day, unless the dispute is resolve earlier, because I have seen frustration caused by one party imposing a strict time limit on the discussions. It takes time to develop the basis for a meaningful exchange, especially when the parties are already adversarial and the issues are complex. Even if the matter does not settle immediately, the mediation should provide a better understanding of the different views and serve as a touch point for continued negotiations.