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INTELLECTUAL PROPERTY ADR
As most of us involved in the creation, management, and defending of intellectual property rights are aware; where conflict arises, litigation tends to be an unwelcome recourse with which to deal with a dispute. High litigation costs, and lengthy court delays tend to resolve IP matters in a very clumsy and sometimes destructive manner. In fact, since litigation may publicize highly sensitive material, the very property right that is in dispute may be reduced or de-valued due to the publicity arising from the litigation. Also, since most cases are settled before trial, IP litigation might even be callously referred to as a fictional means of resolving disputes in that the resolution may actually be derived from the parties themselves or the sharing of information through discovery, rather than the litigation process. As a result, many sophisticated business people are turning to ADR mechanisms such as mediation and arbitration (among others) in order to address conflict and disputes that might otherwise result in litigation or avoidance. Our office will work with busy business managers and/or legal professionals to customize a creative arbitration or mediation process that will serve all parties needs and specifically address the concerns of the disputants and their legal advisors. Or, in the alternative, for busy professionals without the time or inclination to participate in the creation of a customized process, we have a vast range of ADR mechanisms with standard rules and procedures available for ‘off the rack ADR’ where disputants can select to the means to resolve conflict between and start the process immediately. “In a 1997 survey of 1000 of the largest U.S. corporations conducted jointly by Cornell University, the Foundation for the Prevention and Early Resolution of Conflict (PERC), and Pricewaterhouse illustrates this costand-time-savings analysis. The survey indicated that of the 530 survey respondents: • 90% viewed ADR as a critical cost-control technique and more than half (54%) said cost pressures directly affected their decisions to use ADR. (See U.S. Corporations Now Widely Use Alternative Dispute Resolution over Litigation to Solve Disputes, Cornell Business News, May 21, 1997 available at http://www.news.cornell.edu/business/May97/ADRstudy.html.) • 79% used arbitration to resolve commercial disputes in the last three years. (See U.S. Corporations Now Widely Use Alternative Dispute Resolution over Litigation to Solve Disputes, Cornell Business News, May 21, 1997 available at http://www.news.cornell.edu/business/May97/ADRstudy.html.) • 13% saved more than $1 million by using ADR, up 11 percent from the previous year. (See Harry N. Mazadoorian, At a Crossroad: Will the Corporate ADR Movement be a Revolution, or Just Rhetoric?, Disp. Resol. Mag., at 5 (Summer 2000) (stating “[t]he 1999 Price Waterhouse Survey reported that 13 percent of survey respondents said they saved more than $1million by using ADR, up 11 percent from the previous year”). • 80% considered ADR as a more satisfactory process. (See U.S. Corporations Now Widely Use Alternative Dispute Resolution over Litigation to Solve Disputes, Cornell Business News, May 21, 1997 available at http://www.news.cornell.edu/business/May97/ADRstudy.html.) • 66% said ADR provides “satisfactory settlements.”(See U.S. Corporations Now Widely Use Alternative Dispute Resolution over Litigation to Solve Disputes,Cornell Business News, May 21, 1997 available at http://www.news.cornell.edu/business/May97/ADRstudy.html.) • 59% said ADR “preserves good relationships.” (For more see “Mediating and Arbitrating Intellectual Property Disputes” at: http://www.arb-forum.com/resources/white_papers/05IPWP.pdf)
All content copyright Cross Border Dispute Resolution, Inc. 2008
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