Virtually every international IP dispute is difficult. Sometimes,
extraordinarily so. Mediation in international IP disputes works best when
each person concerned is thoroughly prepared, and brings to the table all his
or her interpersonal skills, cultural sensitivity, patience, open-mindedness,
creativity and commitment.
In We Must Talk, Because We Can, David Plant focuses on the process of
mediation and on the mediator, the client and the counsel. Mediation, from
Mr. Plant’s point of view, is interest-based negotiation facilitated
by a third person – the mediator. His aim is to help you – whatever your role
– to prepare for and engage in such mediation at the most productive level.
An ICC Services publication, distributed by Kluwer Law International
I. Introduction II. The Nature of IP Disputes III. IP Disputes Suitable For
Mediation IV. Barriers to IP Mediation V. Getting to the Table VI. Preparing
for IP Mediation VII. The Skilled IP Mediator VIII. Skilled IP Counsel’s Role
IX. The Well-Prepared Client’s Role in IP Mediation X. Cultural Issues
in IP Mediation XI. Emotion in any IP Mediation XII. Ethics and IP Mediation
XIII. The End Game XIV. ICC’s ADR Rules XV. Lessons from some IP
Disputes XVI. End Note – The Challenge of the Peaceful Virus