Tuesday, July 10, 2007

Intellectual Property Disputes and ADR

Mediator and blogger extraordinaire Vickie Pynchon specializes in helping parties resolve their often sophisticated and highly technical IP disputes through alternative dispute resolution means (mediation and arbitration). She, along with her fellow IP mediators, host the new "IP ADR Blog" which I recommend for all attorneys and parties with IP disputes.

The articles written by Vickie and her colleagues explore the use of ADR methods to avoid litigation of IP disputes. They also explore the unique universe of IP laws and the systems and people found in that universe. And from time to time, they also write about the field of ADR in general.

I have copied a portion of the text of one such article, If Litigation is War, Are Mediators Pacificists? from the IP ADR Blog blog and pasted it here and encourage you to browse their other insightful articles:

"Many mediators see themselves as "peacemakers," particularly those litigation-weary mid-life attorney-mediators who have grown cynical and dispirited by the daily mud-slogging, troop-deprived, bicker-battling that even (or particularly) high-stakes litigation can descend to.
Some of us see ourselves simply as negotiators and strategists -- people who can advise, coach, importune, shutter, sway and sometimes rock 'n roll the parties into a better resolution by way of agreement than they could ever achieve by way of suit.

But don't mistake us for peaceniks. We understand the uses of power and are often dismayed that one side has failed to deploy a sufficient number of battleships or the right type of troops to justify the concessions demanded.

No. Mediators are not pacifists. At our best, we are diplomats, wise to the ways of war and familiar with the battlefields' terrain. Eager to listen for the needs and fears lying just below the surface of the parties' positions. Here to help."

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