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.
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.
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.
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.
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.
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.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.