Considering the details before mediation will highlight potential problems and increase the likelihood of reaching a
concrete mediation settlement.
The International Trademark Association (INTA) has established a Trademark Mediators Network and cites recent surveys that show
mediation settlement rates for IP disputes as high as 70 %.
Founded in 1977 by Stephen Erickson, J.D., and Marilyn McKnight, M.A. as Family Mediation Services, Erickson Mediation Institute (EMI) offers a safe, confidential, economical and fair process to arrive at a
successful mediation settlement...
The International Trademark Association (INTA) reports that
mediation settlement rates for intellectual property disputes may be as high as 70 %.
In relation to cross-border mediation, Art 7 of the Directive adds teeth to that expectation, by requiring member states to ensure that mediators must not be compellable to give evidence in civil proceedings or arbitration regarding information arising out of or in connection with a mediation, except where overriding considerations of public policy otherwise require, or where disclosure of the content of
the mediation settlement agreement is necessary in order to implement or enforce it.
Some have argued that a requirement that
any mediation settlement should be in writing should be sufficient to justify a prohibition upon the invasion of mediation confidentiality for the purpose of litigating an allegation that an informal settlement was arrived at, as in Brown.
We have successfully obtained justice for our clients at jury trials, arbitrations and
mediation settlements.
During the last 9 years, Bill has obtained millions of dollars for his clients in favorable jury verdicts, court judgments, arbitration awards and
mediation settlements.
He refused to sign the paperwork and filed a motion to enforce
the mediation settlement.
A mediation settlement is an agreement that two feuding parties arrive at during the mediation process.
It is a matter for the parties to determine if and when
a mediation settlement has been reached and whether it is intended to be enforceable as between them.
However, as a default, the Act provides that
any mediation settlement will be binding unless agreed otherwise and it will be open to either party to apply to court to enforce its terms.
From
the Mediation Settlement Agreement, an attorney drafts the paperwork that is needed to file for divorce with the court.
If not carried out in
the mediation settlement, that advantage can be lost.