Litigation is not always the best solution, as it can become costly and is driven by a complex set of procedural rules that must be followed. Alternative Dispute Resolution, or ADR, provides other options. If for at least a period of time, both parties can agree that litigation is not a constructive way to resolve a dispute, that presents an opportunity for the ADR process. There are numerous forms of ADR; which is applicable typically depends on the situation. Our attorneys know the various ADR processes and can help you craft a forum for resolving your IP dispute that operates outside the regular constraints of the court system.
The benefits of ADR are numerous — why it is increasingly used and even formally integrated into the legal procedures that courts require litigants to follow. The main benefits of ADR are:
The ADR process is rather straightforward:
Step 1. Select which ADR mechanism to utilize. The choices are:
Step 2. Select the people best suited to resolve the dispute. In IP matters — inherently technical and complex — the choice of people involved in the ADR process is critical. Their technical background and experience play a key role in resolving the dispute with efficiency.
Step 3. Present the facts and legal arguments in the selected forum and work to agree upon a resolution to the matter.