IP Mediation Frequently Asked Questions
Find answers to commonly asked questions regarding our IP mediation services
Browse Mediation FAQs by Topic
General IP Mediation FAQs
Copyright Mediation FAQs
Design Patent Mediation FAQs
Founder IP Disputes Mediation FAQs
Image Copyright Infringement Mediation FAQs
NPE Patent Infringement Mediation FAQs
Online Marketplace & Domain Name Mediation FAQs
Patent Mediation FAQs
Technology Mediation FAQs
Trade Dress Mediation FAQs
Trade Secret Mediation FAQs
Trademark Mediation FAQs
General, Location, Logistics, and Pricing FAQs
Where do I park?
You’ll find plenty of convenient parking right outside The Gild at 8150 N. Central Expressway in Dallas. We’re on the 10th floor.
Is there a hotel you can recommend?
There are many hotels in Dallas; however, we recommend the DoubleTree Hotel located adjacent to our building. In addition to offering upscale accommodations, this hotel makes it easy to walk to the mediation facility.
Can we mediate by Zoom?
Yes. If both parties prefer, we can accommodate Zoom mediations. However, we’ve found that in-person sessions typically foster more effective negotiation and personal interaction.
Do you mediate on weekends?
Most mediations are held during standard business hours, but we can accommodate weekend sessions when needed for an additional fee.
Where are the mediations held?
Mediations are typically held at Engage Workspace for Lawyers, located at 8150 N. Central Expressway, 10th Floor, Dallas, TX 75206. If all parties prefer an off-site location, we can arrange it for an additional fee to cover time and travel expenses.
Are mediation statements necessary?
We require counsel for each party to submit a 1–2-page confidential mediation statement at least three days before mediation. The statement should outline strengths, weaknesses, prior barriers to settlement, and the desired outcome. In some cases, we may schedule pre-mediation calls to help facilitate more efficient discussions.
What is your payment policy?
The mediation fee is due from each party 7 days before the scheduled date of mediation. Mediation will not commence until we have received payment and a signed Agreement to Mediate from all parties and counsel. Failure to pay the mediation fee in advance of the mediation will result in cancellation.
What is your cancellation policy?
Cancellation made less than 72 hours before the scheduled mediation will incur a fee equal to 50% of the quoted mediation fee.
At the mediator’s discretion, this fee may be waived for weather, sickness or other unforeseen events, or if the mediation is rescheduled within a reasonable time
Copyright Mediation Services FAQs
What types of copyright disputes are appropriate for mediation?
Copyright mediation is ideal for disputes involving ownership, infringement, licensing breakdowns, authorship disagreements, derivative works, creative collaborations, and digital content (images, video, audio, software, and online content). Mediation helps resolve disputes quickly and privately without escalating to litigation.
How does copyright mediation differ from a copyright lawsuit?
Mediation is faster, confidential, and more business-focused. Instead of rigid court outcomes, parties can negotiate practical solutions like licenses, attribution agreements, royalty structures, or content modifications. Litigation is public and expensive; mediation is efficient and controlled.
Do I need to remove the allegedly infringing content before mediation?
Not always. In many cases, removing the content prevents further disputes, but some parties prefer to discuss options—such as temporary licenses or replacement content—during mediation before making changes.
Can mediation resolve disputes about ownership or authorship?
Yes. Ownership and authorship disagreements are among the most common issues in copyright mediation. The mediator helps parties evaluate contributions, agreements, and expectations to reach a fair and sustainable resolution.
What if my dispute involves licensing or royalty misunderstandings?
Mediation is an excellent way to fix unclear or outdated license agreements, adjust royalty terms, renegotiate rights, or resolve disputes involving contract interpretation.
Can mediation address disputes involving derivative works or adaptations?
Absolutely. Questions about sequels, adaptations, spin-offs, modifications, or derivative rights (including AI-generated content) can be handled effectively in mediation.
Is mediation helpful for online copyright disputes?
Yes—especially for content used on websites, social media, e-commerce platforms, advertising, or blogs. Mediation provides a controlled way to address takedowns, attribution, retroactive licenses, or settlement of infringement demands.
How long does copyright mediation take?
Most disputes resolve in a half-day or full-day session. More complex disputes—such as multi-creator projects or licensing disagreements—may require two sessions.
What should I bring to mediation?
Helpful materials include copies of the work(s) at issue, versions or drafts, contracts or licenses, publication history, and any communications relevant to the dispute. Don’t worry if you don’t have everything—the mediator will guide what’s needed.
Do we need attorneys at mediation?
It’s strongly recommended. Copyright law carries long-term implications for ownership, licensing, and future rights. Your lawyer helps protect your interests and ensures agreements are enforceable.
What outcomes are common in copyright mediation?
Typical outcomes include settlement agreements, revised licenses, royalty agreements, attribution requirements, takedown commitments, joint authorship or ownership agreements, revenue-sharing structures, or payment-based settlements.
Is copyright mediation confidential?
Yes. Mediation is private and confidential. Disclosures made during the process cannot be used in court, which protects sensitive creative, financial, and business information.
What happens if we don't reach an agreement?
Nothing is lost. The case continues down its normal path, and neither party gives up legal rights. Many disputes that don’t fully settle in mediation still narrow significantly, simplifying any future litigation.
Is mediation effective if one party is emotional about the work?
Yes—often more effective than litigation. Creative works carry personal meaning, and mediation provides a structured but empathetic setting where emotional, commercial, and legal interests can be balanced.
Does mediation save money compared to litigation?
Almost always. Copyright cases can become expensive quickly, especially when discovery, expert analysis, or statutory damages are involved. Mediation resolves disputes early, privately, and at a fraction of the cost.
Find more information on our Copyright Mediations services page.
Design Patent Mediation Services FAQs
What is the legal standard for design patent infringement?
Design patent infringement is evaluated under the “ordinary observer” test, which asks whether an ordinary purchaser would find the accused product substantially the same in overall appearance as the patented design. Because this test relies heavily on visual impressions, mediation provides an ideal environment to discuss consumer perception outside the rigidity of litigation.
Can mediation help if we disagree on whether the designs are similar?
Yes. Mediation allows parties to explore the basis for similarity or distinction through structured dialogue, comparisons, and review of prior art. This often reveals gaps in understanding or alternative perspectives that litigation may not address.
Is mediation useful if a redesign may be required?
Absolutely. Mediation is one of the best ways to negotiate redesign timelines, scope of changes, temporary allowances, and market withdrawal strategies. These practical outcomes are often unavailable in court.
Can we mediate if litigation has already started?
Yes. Many courts encourage mediation for design patent cases because they can be fact-intensive and expensive. Mediation is also effective early in litigation, before claim construction or expert analysis dramatically increases costs.
What happens if the product is part of a larger product line?
Mediation allows parties to address not just the accused design, but the entire design ecosystem — related products, future concepts, packaging, or branding elements. This holistic approach often leads to more durable resolutions than issue-by-issue litigation.
Do parties usually need experts present for design patent cases?
Experts are optional. Many mediations proceed effectively with attorney presentations and visual comparisons. However, parties may choose to use experts to discuss consumer impressions, prior art, or design distinctiveness.
What business benefits does mediation offer?
Mediation reduces risk, protects brand identity, preserves commercial opportunities, and allows parties to control both outcome and cost. It also prevents negative publicity and the unpredictability of jury-based visual comparison cases.
Is the mediation process confidential?
Yes. Mediation is private and confidential. Statements made during mediation cannot be used later in litigation, preserving both strategic and commercial interests.
Find more information on our Design Patent Mediations services page.
Founder IP Disputes Mediation Services FAQs
What types of founder IP disputes are most commonly resolved through mediation?
Mediation frequently resolves disagreements about invention contribution, software authorship, trademark ownership, brand identity, copyright interests, and pre-formation IP. It is especially helpful when the conflict involves both legal and relationship-driven elements, such as partner separations or ownership restructuring.
What if no written agreement exists between the founders?
Many early-stage companies create IP informally before contracts or assignments are drafted. Mediation helps parties examine contribution, intent, business practices, and industry norms to clarify rights and obligations—even in the absence of written agreements. This often results in a more practical and business-aligned resolution than litigation.
Can mediation help if one founder is leaving the company?
Yes. Founder departures often trigger disputes about ownership, licenses, trade secret handling, ongoing obligations, and equity-linked IP rights. Mediation allows parties to negotiate a fair exit structure while protecting the company’s ability to continue operating without legal uncertainty.
How are disputes involving jointly developed software handled?
Jointly authored software often creates overlapping and unclear ownership rights. Mediation helps parties evaluate contributions, development history, contractual expectations, and operational needs. Outcomes may include clearly defined ownership, licensing rights, usage restrictions, or revenue-sharing terms.
Can mediation prevent investor concerns or delays?
Absolutely. Investors frequently request clarity on IP ownership before funding a company. Mediation enables founders to resolve ownership uncertainty quickly and confidentially, preventing delays in fundraising, product development, or acquisition negotiations.
What if one founder claims they created the IP before the company was formed?
Pre-formation IP claims are common and can be complex. Mediation provides a structured way to examine dates of creation, intent to contribute, timeline of development, and any implied agreements. Solutions may involve assignment, licensing, or hybrid arrangements that protect both sides’ interests.
Are mediated agreements legally enforceable?
Yes. Mediation often results in a written agreement that can be legally binding, outlining ownership rights, responsibilities, and future conduct. Parties retain significant control over the terms, which typically leads to smoother and more durable compliance compared to litigated outcomes.
Does mediation preserve confidentiality better than litigation?
Yes. Mediation is private and confidential, protecting sensitive information such as trade secrets, development history, financial terms, or interpersonal dynamics. This is especially valuable when the business has customers, investors, or competitors who could exploit public disputes.
Find more information on our Founder IP Disputes Mediations services page.
Image Copyright Infringement Mediation Services FAQs
What is “single image copyright infringement mediation”?
This type of mediation focuses on resolving disputes where a business, creator, or website is accused of using a single online image or video without proper permission or licensing. The mediation provides a confidential, efficient setting to evaluate risks, negotiate a fair resolution, and avoid costly litigation.
What types of online content does this mediation cover?
Mediation applies to disputes involving photos, graphics, illustrations, memes, stock images, social media videos, embedded YouTube content, blog visuals, product photography, and other digital media used online. Whether the content came from a Google search, a freelance designer, a vendor, or a social media repost, mediation can help resolve the issue efficiently.
Am I automatically liable if I used an image I found on the internet?
Not automatically. Copyright law is strict, but liability depends on how the image was obtained, whether a license existed, whether an employee or vendor supplied the content, and whether your use qualifies as fair use. Mediation helps parties assess these factors in a practical, risk-based way.
What is “fair use,” and can it apply to online images or videos?
Fair use allows limited use of copyrighted material without permission under certain circumstances—typically for commentary, criticism, education, news reporting, parody, or transformative uses. However, most commercial uses of online images are not fair use. Mediation allows both sides to privately evaluate fair use arguments, compare risk, and negotiate an outcome without a public fight.
What damages can copyright owners claim for a single image used online?
For registered works, copyright owners may claim statutory damages of $750 to $30,000, or up to $150,000 for willful infringement.
For unregistered works, they may seek actual damages such as lost licensing fees.
Mediation can realistically assess the likely damages—often far lower than statutory maximums—and find a practical resolution.
Can attorney’s fees be awarded in cases involving online image infringement?
Yes, but only if the image was registered before the alleged infringement or within the safe harbor time period. If it was registered late or not at all, attorney’s fees usually aren’t available.
This dramatically affects negotiation leverage, and mediation is an ideal forum for evaluating the fee-shifting risks on both sides.
What if a licensing company or law firm sent me a demand letter?
Image enforcement companies often issue demand letters seeking settlement amounts.
Mediation gives both parties a neutral setting to evaluate:
whether the use was commercial
whether licensing existed
whether the requested amount is fair or inflated
how litigation would impact each side
This process often results in faster, more cost-effective resolutions.
What if I purchased the image from a freelancer or contractor?
Responsibility can depend on the agreement you had with the freelancer. In mediation, both sides can analyze whether the contractor granted proper rights, whether warranties apply, and whether the copyright owner’s claim has merit. These vendor issues are often resolved much more efficiently in mediation than in court.
Can mediation help with DMCA takedown or re-posting issues?
Yes. Many image disputes involve DMCA takedowns on websites, blogs, e-commerce platforms, or social media.
Mediation can help parties negotiate:
reinstatement
partial removal
licensing terms
revised usage rights
future permissions
This avoids further platform disputes or account strikes.
Should a business remove the image before mediation?
Removing the image can be a smart risk-management step. However, removal does not eliminate liability and care should be used to preserve evidence. Mediation allows parties to discuss whether removal was prompt, how long the image was displayed, and whether the removal helps reduce potential damages. The process for how the removal is achieved can also be discussed at mediation.
How long does a single-image copyright mediation take?
Most cases resolve quickly—often within half a day, or even during the initial session. Because the dispute usually involves a single asset and narrow factual questions, mediation avoids the complexity and expense of litigation.
How much does mediation cost compared to litigation?
Mediation is significantly more cost-effective. Litigation requires months or years of attorney time, federal court filings, expert fees, and discovery. Mediation replaces all of that with a structured negotiation process, often completed in a single session for a predictable, limited fee.
What is the outcome of mediation—do we sign an agreement?
Yes. If the parties resolve the dispute, mediation typically concludes with a written settlement agreement specifying:
payment terms (if any)
permitted usage or removal requirements
future licensing rights (if any)
confidentiality
release of claims
This provides finality and prevents the dispute from resurfacing.
Is mediation confidential even if infringement claims were made publicly?
Yes. Mediation is fully confidential. Statements, documents, and settlement negotiations cannot be disclosed or used in court. This protects both creators and businesses from reputational harm.
Can parties keep or license the image after mediation?
Often yes. Many settlements include:
retroactive licenses
limited future-use licenses
one-time payment for ongoing usage
removal + non-use agreement
Mediation gives parties flexibility that courts cannot offer.
Do I need an attorney for this type of mediation?
Not necessarily, but it can be helpful. Mediation welcomes parties with or without attorneys; however, because copyright law is complex, many participants choose to consult counsel outside of the mediation session. The mediator does not represent either side. We do not provide legal advice to mediation participants.
Find more information on our Image Copyright Infringement Mediations services page.
NPE Patent Infringement Mediation Services FAQs
What is an NPE (Non-Practicing Entity)?
An NPE is a patent owner that does not manufacture products or practice the claimed inventions. Instead, NPEs assert or license patents for revenue. This structure often results in litigation strategies that differ from traditional competitor disputes.
How can mediation help in an NPE patent dispute?
Mediation provides a confidential setting to evaluate risk, compare licensing expectations, understand technical issues, and explore settlement structures without the cost and uncertainty of litigation. It helps both parties identify realistic outcomes based on business priorities, not just legal theories.
When is the best time to mediate an NPE case?
Early mediation is often the most cost-effective—especially after receiving a demand letter or claim chart. However, mediation is also effective later in litigation, including after Markman rulings or PTAB institution decisions that influence valuation.
What types of resolutions are available through mediation?
Solutions may include single-patent licenses, portfolio-wide licenses, covenants not to sue, royalty structures, one-time payments, or tailored agreements tied to product release schedules. Mediation encourages business-driven creativity that courts cannot provide.
What if the parties disagree about the strength of the patent or alleged infringement?
A skilled mediator helps both sides evaluate claim interpretation, prior art relevance, and the likelihood of surviving summary judgment or trial. Mediation allows open discussion of technical and legal strengths without formal discovery battles.
Are NPE mediation outcomes confidential?
Yes. Mediation is private, and the terms of any settlement can remain confidential—an advantage unavailable in most court filings or PTAB proceedings.
Does mediation replace PTAB challenges or federal litigation?
No. Mediation can run in parallel with PTAB proceedings or litigation. In many cases, mediation helps narrow issues before trial or clarify whether administrative review is warranted.
Can mediation reduce litigation costs in NPE disputes?
Absolutely. NPE litigation is notoriously expensive. Mediation often resolves disputes before costly discovery, expert analysis, and trial preparation begin—saving both sides time and significant financial resources.
What qualifications should a mediator have for NPE cases?
NPE disputes benefit from a mediator with deep patent litigation experience, technical understanding, and the ability to evaluate licensing practices and damages models. A general commercial mediator typically may lack the specialized background needed for productive negotiation.
Find more information on our NPE Patent Infringement Mediations services page.
Online Marketplace & Domain Name Services FAQs
What types of online marketplace disputes are best suited for mediation?
Mediation is highly effective for disputes involving takedown demands, reseller conflicts, counterfeit claims, unauthorized listings, account suspensions, and trademark or copyright infringement notices. It provides a private, business-focused forum to resolve issues quickly and avoid platform disruption.
How does mediation help resolve domain name ownership or transfer disputes?
Domain disputes often escalate quickly and become expensive through UDRP or federal litigation. Mediation offers a faster, confidential path where parties can negotiate transfer terms, coexistence, or licensing arrangements with more flexibility than formal proceedings.
Is mediation appropriate for emergency or time-sensitive online disputes?
Yes. Online disputes involving lost revenue, suspended listings, or brand harm are often urgent. Mediation allows parties to engage immediately—often within days—to avoid further damage while exploring mutually acceptable resolutions.
Can mediation address counterfeit product or unauthorized seller issues?
Absolutely. Mediation allows trademark owners, sellers, suppliers, and marketplace participants to discuss the root of the conflict, identify supply-chain issues, negotiate compliance terms, and avoid reputational damage or enforcement escalation.
What role does intellectual property law play in online marketplace mediation?
IP law commonly underlies claims related to trademarks, copyrights, trade dress, or brand misrepresentation. Mediation provides a structured environment for discussing rights, responsibilities, enforcement options, and risk without the public exposure of litigation.
Is mediation confidential, and will marketplace platforms be informed?
Yes. Mediation is fully confidential, and nothing discussed is disclosed to the marketplace platform unless the parties choose to share a resolution or request an account-level action. Confidentiality protects both business reputation and negotiation strategy.
What happens if the dispute involves multiple parties or layered supply chains?
Mediation can accommodate multi-party negotiations, including manufacturers, brand owners, distributors, marketplaces, and sellers. A neutral mediator helps untangle responsibilities, communication gaps, and contractual expectations to create practical solutions.
How long does an online marketplace mediation typically take?
Many disputes resolve in a single half-day or full-day session. Urgent matters can often be mediated on an expedited basis, giving parties a faster alternative to litigation, UDRP filings, or drawn-out enforcement processes.
What if one party is located internationally?
Online marketplace disputes frequently involve cross-border participants. Mediation can be conducted entirely online, allowing all parties—regardless of jurisdiction—to participate without the cost or complexity of international litigation.
What outcomes are possible through mediation?
Resolutions may include listing reinstatement, product modifications, reclassification, reseller agreements, platform-compliant conduct terms, domain transfers, coexistence arrangements, or structured settlements. Mediation offers flexibility that formal legal processes often cannot.
What if parties cannot reach an agreement during mediation?
If no agreement is reached, parties retain the option to pursue litigation, arbitration, or platform procedures. Mediation often narrows issues or clarifies misunderstandings, making future proceedings more efficient—even when full settlement is not achieved.
How should I prepare for an online marketplace or domain name mediation?
Parties should gather evidence such as listing screenshots, prior communications, brand guidelines, IP registrations, marketplace policies, and relevant contracts. Understanding business priorities and potential compromises improves mediation outcomes significantly.
Find more information on our Domain Name Mediation services page.
Patent Mediation Services FAQs
What are patent mediation services?
Patent mediation services provide a confidential, structured process where a neutral mediator helps parties resolve patent disputes—including infringement, licensing, ownership, and joint-development issues—without the cost and uncertainty of litigation.
When is patent mediation a good alternative to litigation?
Patent mediation is ideal when parties want to reduce legal costs, protect confidential technical information, preserve business relationships, or reach a faster resolution. It is especially effective early in a dispute, before litigation expenses escalate.
What types of disputes are best suited for patent mediation services?
These services work well for patent infringement matters, early mediations in NPE cases to minimize legal fees, claim-scope disagreements, licensing or royalty disputes, FRAND/SEP issues, indemnity claims, and conflicts arising from R&D collaborations or technology transfers.
How long does patent mediation typically take?
Most patent mediations are completed within a single day or over several short sessions. The overall timeline depends on dispute complexity, but mediation is significantly faster than litigation, which can take years. We typically schedule a half-day or full-day mediation, with a full day preferred for better outcomes.
Is the mediation process confidential?
Yes. All discussions and materials shared during patent mediation are confidential, allowing parties to negotiate openly without risk of public disclosure or prejudicing future litigation.
What role does the mediator play in patent mediation services?
The mediator acts as a neutral facilitator who helps clarify issues, evaluate risks, identify overlap between positions, and guide parties toward practical business-driven solutions. The mediator does not decide the case or impose an outcome.
Do we need to have technical experts participate?
Expert participation is optional, but often beneficial in complex technology disputes. Parties may bring technical experts or rely on the mediator’s background in patent, engineering, or technology matters.
Are agreements reached in mediation legally binding?
Yes—if both parties sign a written settlement agreement at the conclusion of the mediation. This agreement is enforceable like any other contract and can resolve all or part of the dispute.
Can mediation still help if a lawsuit has already been filed?
Absolutely. Patent mediation services are often used during active litigation to avoid trial expenses or to resolve specific contested issues. Many courts even encourage or require mediation during patent cases.
What information should we prepare before a patent mediation session?
Parties typically prepare a summary of key facts, infringement and invalidity contentions, licensing history, technical background, business goals, and desired settlement ranges. Bringing this information helps streamline and strengthen the mediation process.
What are the main advantages of patent mediation services?
Key benefits include lower cost, faster resolution, confidentiality, greater control over outcomes, business-oriented solutions, reduced litigation risk, and the ability to preserve ongoing commercial relationships.
How do I schedule a patent mediation session?
You may request a confidential consultation or submit a case for mediation through the contact form or scheduling link provided on the site. Sessions are available virtually or in person.
Find more information on our Patent Mediations services page.
Technology Mediation Services FAQs
What types of technology disputes are best suited for mediation?
Mediation is ideal for disputes involving software development, SaaS performance, licensing disagreements, implementation failures, API access issues, code ownership, and integration conflicts. Any matter involving both technical complexity and business impact benefits from a structured, neutral process.
How does mediation help resolve software development disputes?
Mediation helps the parties review development history, change requests, communication breakdowns, milestone expectations, and contractual obligations. This allows both sides to identify the source of misalignment and explore practical options for completing the project or restructuring the relationship.
Is mediation confidential?
Yes. Mediation is private and confidential, which protects proprietary information, source code, architecture, pricing terms, roadmaps, and other sensitive data. Confidentiality makes mediation far safer than litigation for disputes involving IP or trade secrets.
Can mediation address software ownership or licensing disagreements?
Absolutely. Mediation is ideal for resolving disputes about ownership of code, licensing scope, integration rights, or whether open-source components were used properly. A mediator can help the parties clarify rights and negotiate modifications to existing agreements.
How does mediation compare to litigation for technology disputes?
Litigation is often slow, expensive, and often ill-suited to technically dense issues. Mediation allows for faster, flexible, business-driven solutions. Parties maintain control over outcomes rather than relying on a court unfamiliar with software development processes.
Does mediation work if the parties’ relationship has deteriorated?
Yes. Many technology disputes involve strained relationships. Mediation provides a neutral space to reset communication, focus on underlying interests, and explore alternatives—whether the parties intend to continue or unwind their business relationship.
Can remote mediation sessions be used for technology disputes?
Yes. Most technology mediations can be conducted remotely via secure videoconferencing, enabling parties, developers, engineers, and counsel to participate from anywhere. While we accommodate remote mediation, we strongly suggest in-person mediation.
What if the dispute involves multiple vendors or integration partners?
Mediation can accommodate multiple stakeholders. Collaborative, multi-party sessions often help solve interoperability or implementation conflicts that are impossible to resolve through bilateral negotiation.
Find more information on our Technology Mediations services page.
Trade Dress Mediation Services FAQs
What qualifies as trade dress in a legal dispute?
Trade dress includes the visual appearance of a product or its packaging, as well as certain aspects of store layout, website arrangement, and branding presentation. To be protectable, the trade dress must be distinctive and non-functional. Mediation helps parties evaluate whether the disputed design meets these legal thresholds and how consumer perception influences the dispute.
How does mediation help resolve trade dress cases more effectively than litigation?
Litigation is costly and uncertain, particularly when subjective concepts like consumer perception are involved. Mediation allows both sides to explore creative, business-focused solutions—such as phased redesigns, coexistence agreements, or packaging adjustments—without the constraints of a courtroom. This flexibility often results in quicker, more commercially reasonable outcomes.
Can mediation prevent the need for a redesign or rebranding?
In some cases, yes. Mediation helps parties evaluate whether minor adjustments can eliminate confusion or conflict while preserving brand equity. Even when changes are needed, mediation can provide a structured plan that minimizes disruption and cost.
What types of evidence are useful during trade dress mediation?
Consumer surveys, packaging comparisons, design history, competitive analysis, and market data are commonly used. Mediation offers a confidential environment for discussing such materials without risking public disclosure.
Is trade dress mediation confidential?
Yes. Mediation is private and confidential, meaning discussions, documents, and proposed solutions cannot be used in litigation. This confidentiality encourages open communication and reduces the risk of reputational harm.
Can we reach an agreement that includes future design guidelines?
Absolutely—mediation is ideal for crafting forward-looking agreements, which reduces risk for both sides. Parties can negotiate design boundaries, marketing practices, timeline commitments, and other guardrails to prevent future disputes.
Find more information on our Trade Dress Mediations services page.
Trade Secret Mediation Services FAQs
What makes trade secret disputes different from other IP conflicts?
Trade secret cases involve confidential information that gains value from not being known to the public. Once disclosed, the damage can be permanent. This makes mediation ideal because it allows resolution without broad discovery or public filings. Mediation helps preserve secrecy while still addressing concerns about access, use, or misappropriation.
Is mediation confidential even if sensitive information is discussed?
Yes. Mediation is confidential, and parties typically sign additional nondisclosure agreements to ensure protection of all shared information. Mediators can structure the process so that information is disclosed only on a need-to-know basis and only in controlled segments.
Can mediation work if the parties strongly disagree on whether misappropriation occurred?
Yes. Many trade secret disputes hinge on misunderstandings about access, intent, or use. Mediation provides a forum to clarify timelines, actions, and technical context, which often reveals points of agreement. Even when liability is contested, mediation can help parties negotiate outcomes that minimize risk for both sides.
What types of resolutions are possible in trade secret mediation?
Resolutions may include return or deletion of data, non-use agreements, transition plans, non-interference commitments, employee or contractor restrictions, settlement payments, monitoring rights, or mutual releases. Mediation allows business-oriented solutions not available through litigation.
Does mediation prevent future litigation if it fails?
No. Mediation is non-binding unless the parties reach an agreement and sign it. If the dispute does not settle, parties retain all legal rights. However, many disputes settle because mediation provides clarity, controlled negotiation, and reduced risk.
What if a former employee took information accidentally or unknowingly?
Mediation is ideal for assessing intent and risk. Some cases involve confusion about ownership, permissions, or leftover access. Mediation focuses on solutions such as return or deletion of information, clarification of restrictions, and restoring trust without escalating to litigation.
Is mediation appropriate when the dispute involves highly technical information?
Yes. In fact, mediation is often more effective in these cases because the mediator can focus discussions on technical substance rather than procedural battles. Mediators familiar with IP and technology can help both sides understand the complexities and evaluate risk objectively.
How quickly can a trade secret mediation be scheduled?
Most mediations can be scheduled within days or weeks, depending on availability and the urgency of the matter. Trade secret disputes often involve ongoing harm or risk, so accelerated scheduling is common and recommended.
Find more information on our Trade Secret Mediations services page.
Trademark Mediation Services FAQs
What is trademark mediation?
Trademark mediation is a confidential dispute-resolution process where a neutral mediator helps parties resolve trademark, branding, and unfair competition disputes. Unlike litigation, mediation emphasizes business goals, consumer perception, and brand strategy to reach a practical solution.
What types of disputes are best suited for mediation?
Ideal cases include infringement disputes, likelihood-of-confusion disagreements, unfair competition claims, rebranding conflicts, packaging/logo similarity issues, and coexistence or licensing negotiations. Mediation also works well when businesses wish to avoid public conflict.
Why is mediation preferred over litigation for trademark disputes?
Trademark litigation is expensive, slow, and highly disruptive to brand strategy. Mediation reduces cost, preserves confidential business information, and allows for creative solutions—like coexistence agreements or phased rebranding—that courts typically cannot order.
How long does a typical trademark mediation session take?
Many disputes can be resolved within a single full-day session, though highly complex or multi-jurisdictional matters may require additional sessions. Mediation provides flexibility to match the complexity of the issues.
Does mediation determine “who is right”?
No. Mediation focuses on reaching a commercially viable solution, not declaring a winner. The goal is to resolve conflict in a way that protects brand value and reduces ongoing risk.
Is trademark mediation confidential?
Yes. Everything discussed in mediation remains confidential unless the parties agree otherwise. This protects brand reputation, customer perception, and competitive strategy.
Can mediation include licensing or coexistence agreements?
Yes. Mediation may result in licensing arrangements, coexistence agreements, marketing adjustments, rebranding timelines, or territorial limitations—solutions that litigation cannot provide.
Do I need a lawyer for mediation?
While not required, most parties choose to have counsel present due to the legal and commercial complexity of trademark disputes. Your attorney can help evaluate settlement terms and protect your business interests. We do not provide legal advice to mediation participants.