Arbitration And Mediation – An Alternative To Litigation?

The press is often filled with stories of high-profile IP litigation, but it is rare to hear of IP cases that have been through alternative means of dispute resolution (ADR) such as arbitration or mediation. This is for good reason – most ADR is completely confidential. ADR can be used in almost any legal dispute at any stage of a dispute – in fact, UK litigants have a positive obligation to consider whether ADR would be more suitable for resolution of the dispute than proceeding through the courts. But how and when should it be used in IP matters?

For the uninitiated, parties who engage in ADR choose one or more basic forms. Arbitration is where the parties agree to be bound by the decision of an arbitrator, typically a retired judge or other person with legal and/or technical expertise. It is "trial-like" in the sense that the parties agree a set of procedural rules, but with greater flexibility compared to court litigation, and the arbitrator presides over the