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