Alternative dispute resolution is a term that refers to methods of resolving disputes other than traditional litigation.
Alternative dispute resolution (ADR) is a term that refers to methods of resolving disputes other than traditional litigation. The primary advantages of alternative dispute resolution are: speed, cost and privacy.
ADER may also allow the parties to avoid a protracted, adversarial legal battle, which may be advantageous if the parties have to work with one another after the dispute is resolved. This can occur in intellectual property cases when an accused infringer decides to settle the case by taking a license from the party that owns the intellectual property rights at issue.
The three most popular forms of ADR aremediation, arbitration and early neutral evaluation.
Mediationis essentially assisted negotiations. The two parties will meet with a mediator who will try to facilitate a resolution to the dispute. The parties may meet with the mediator separately, in a joint session or in a combination of both.
Arbitrationis essentially a mini-trial. Each side presents their evidence, and one or more arbitrators will render a decision. The decision may be binding or non-binding.
Early neutral evaluationis very similar to mediation. However, the primary goal in the process is for an evaluator to provide each party with an assessment of their case. This will allow them to decide whether it makes sense to proceed or to enter into settlement negotiations.
Many districts courts have rules that require the parties to engage in one or more alternative dispute-resolution methods at an early stage in the litigation.
Alternative Dispute Resolution (ADR)
Thomas Joseph is a patent attorney in Pittsburgh, Pa. He maintains a solo practice in all areas of intellectual-property law. He has been practicing since 2001. Before starting his solo practice, Joseph was the General Counsel of Grant Street Group, a financial software firm. At Grant Street Group, he managed the company’s patent litigation against its primary competitors in the online-auction markets for tax certificates, foreclosures, tax deeds and municipal bonds. Joseph received a Bachelor of Science in Metallurgical Engineering and Materials Science from Carnegie Mellon University, a Master of Science in Materials Science and Engineering from the University of Florida and a Juris Doctorate from George Washington University.
You can contact him at www.joseph-iplaw.com.
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