Alternative Dispute Resolution in IP LAW - US
Trademark litigation in the United States is very expensive and time consuming. By taking a strategic and pragmatic approach to settlement negotiations, trademark owners enforce their rights while minimizing the costs of litigation by adopting Alternative Dispute Resolution (ADR) to reach an early settlement. ADR system includes (a) Mediation, (b) Early Neutral Evaluation (ENR) and (c) Settlement Authority.
Mediation:- It is a non-binding dispute resolution to help an effected quick settlement between the parties. In this process, the parties meet jointly with the mediator in order to express their dispute. The mediator meets the parties individually to help prioritize interest and identify areas of mutual interests or opportunities for value creation and arrive at a mutually agreeable solution after deeper negotiations with each party.
ENE: It is designed to facilitate settlement. In this system, a third-party attorney, meets confidentially with the parties in the early stages of litigation to provide an initial assessment on merits. The evaluator also estimates litigation time and expenses, and assists parties in identifying areas of agreement and narrowing the scope of discovery which is wide ranging and burdensome in the US.
Settlement Authority: It plays an important role as mediation without it is an exercise in futility. Before engaging in mediation or ENE, each party and the other parties have a representative in the process with settlement authority. If the parties do reach agreement, then they leave mediation after a written, signed agreement.
Alternative Dispute Resolution streamline the trademark enforcement process by facilitating compromise and guiding parties towards efficient settlement at a significantly reduced cost.
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