Oftentimes, due to the unpredictable nature of complex disputes, alternative means of resolution is the best solution. For those who want to keep their disputes out of the public eye, confidentiality offered by intellectual property mediation or arbitration offers an alternative to the court system. The results are private, known only by the two parties, and the process occurs in a private environment, not in the public forum of a court. It can take years for a lawsuit to wind its way through the courts. Final resolution of an intellectual property dispute, whether patents, trade secrets, copyrights or trademarks, has the potential to be completed in a single day in the case of mediation or on the parties’ timetable when using arbitration. It is important to protect your intellectual property rights, but not every dispute should be tested through the court system. Many disputes do not make economic sense to be resolved through the court process.
At Allen, Dyer, Doppelt + Gilchrist, we have an experienced team who is ready to help you.
Our trusted intellectual property litigation attorneys have represented hundreds of clients in mediation. We understand the process and bring creativity and experience to the mediation table to help you get the best resolution of the dispute. Our certified mediator is available to mediate any patent, copyright, trademark, trade dress, trade secret or other complex dispute that needs a creative, steady hand to bring the parties to a resolution that will save time, money and the headaches of litigation in our Court system. Additionally, our arbitration team is available to assist in either acting as a third party neutral to decide your intellectual property dispute, or to represent you in an arbitration proceeding.
Contact us today to schedule a consultation with a member of our team in Winter Springs, Orlando, or Miami today.
Alternative Dispute Resolution should be used when saving time and money is a top priority for the parties, or if the traditional remedies a court can offer may not fit the dispute. Alternative Dispute Resolution may also be the solution if the parties wish to maintain a business relationship after the dispute is resolved.
Mediation costs are directly tied to the amount of time it takes to resolve the dispute. Mediators charge the parties by the hour. Mediations can last anywhere from a few hours to several days for complex cases. Most Mediations last one day.
Arbitrators are also paid by the hour. The costs of an arbitration, like the court process, is tied directly to the amount of time the arbitrators are asked to devote to the dispute. The more complex the dispute, the more expensive arbitration may be.
Arbitration is a voluntary process that must be agreed to by the parties. This agreement may be in the parties’ original contract, or the parties may agree at any time to turn their dispute over to an Arbitration or Arbitration Panel (more than one arbitrator). Unless both parties agree to arbitration, the matter cannot be arbitrated.
One drawback (or benefit) of Arbitration is that a party has very little recourse if they disagree with the Arbitrator’s rulings. Unlike the court process, there is no higher arbitration panel that oversees the arbitrator’s rulings. This makes the process more efficient and less costly, but leaves little choices if a party believes the arbitrator misunderstood the testimony, misapplied the law or overlooked key evidence.
