When to Mediate

When Is The Best Time To Mediate An IP Dispute?

  • As early as possible, if the parties want to preserve an existing relationship between the parties.
  • Early mediation may motivate the parties and their counsel to think in terms of a workable solution before the parties and counsel become too set in their positions.
  • On the other hand, parties may not be ready to seriously consider settlement until the conflict has progressed to the point where they understand the issues and positions, risks and opportunities.

Consider mediation:

  • Before a Statement of Claim is issued, to avoid litigation, arbitration or other legal process.
  • After pleadings are exchanged and the issues are defined.
  • Just before a major (expensive) step in the litigation, such as discovery or preparation for trial or hearing.
  • After discovery, if new information has come to light.
  • When the parties are exhausted (emotionally, financially) by the dispute and ready to talk.