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.
- 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.