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Intellectual Property - Mediation instead of litigation

Written by Faith Nkomo on 01 May 2013

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Mediation is the alternative dispute resolution system used to settle disputes out of court.  Mediation can help parties in the dispute to discover creative solutions. It is most likely to be cheaper and quicker than litigation which would very beneficial to both parties involved in the litigation.

Before legal proceedings a court will expect both parties in the dispute to have attempted to resolve matters out of court. Mediation would allow both parties to discuss the dispute with the assistance of an independent mediator.

A wide range of IP disputes will be suitable for mediation. For example, issues regarding infringement, issues on intellectual property licensing or trade mark oppositions.  Mediation is most likely to result in a positive outcome for all the parties involved as it can help them to maintain or even establish business relationships.
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