Technology Darin M. Klemchuk Technology Darin M. Klemchuk

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.

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Trade Secret Darin M. Klemchuk Trade Secret Darin M. Klemchuk

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.

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Trade Secret Darin M. Klemchuk Trade Secret Darin M. Klemchuk

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.

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