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Why should you and your clients consider ADR for intellectual property disputes?

by Mark VB Partridge on Sat 30 Oct 2004 11:52 AM EST | Permanent Link

The Illinois State Bar Assocaition presented a program in Bloomington, Illinois, on October 29, 2004, entitled "What Every Lawyer Should Know about Intellectual Property."

Scheduled for a repeat performance in Chicago on November 12, the day-long, wide-ranging program covered a lot of ground from the substantive basics through practical advice on audits, transactions, ethics and litigation.

I spoke at the program on the subject of Alternative Dispute Resolution in Intellectual Property Disputes, addressing options, benefits, advocacy and avoidancy.

Part of my presention covered "Why ADR?" There are four basic answers:

1. Litigation is expensive. The AIPLA Economic Survey shows median litigation expenses through trial of $200,000 to $4,000,000.

2. Most cases never get to trial anyway. The Federal Court statistics show that less the 2% of cases are resolved at trial. Most cases settle, so attorneys should become informed users of the tools that facilitate settlements.

3. Client Preference. A recent study reported in Coprorate Legal Times indicates that 40 to 60% of in-house counsel favor ADR over litigation.

4. Better results. Mediation can lead to creative results that would not be reached through trial: ongoing business relationships, supply contracts, quicker results, cheaper results, avoidance of future disputes, transfer of rights or assets, etc.

For more on my involvement with ADR please see: http://www.guidingrights.com/pages/1/index.htm

For more information about my availablity for speeches and seminars and upcoming programs, please see: http://www.guidingrights.com/pages/5/index.htm

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