Mediation...


Mediation Philosophy and Approach...

Our mediation philosophy is aggressive. We do not believe in passive mediation. We proactively apply our experience and expertise to help the disputing parties and their attorneys recognize opportunities for settlement. We also believe in assessing the merits of the case and informing the parties of our assessments in a constructive and candid manner when useful. This is a no-nonsense approach to the resolution of disputes. Our objective is to help the parites reach a realisitc, fair, and cost-effective resolution that eliminates the uncertainty and expense of arbitration or litigation.


The Mediator...

The mediator will be experienced in computer and information technology law, including software licensing, software development, computer system acquisitions, technology transfer, source code escrows, distribution, VAR and OEM transactions, confidentiality agreements, strategic alliances, and all aspects of intellectual property law, including patents, trademarks, copyrights and trade secrets. See Mediator Bio.


Use of Technical Experts and Resources...

When technical expertise is needed to better understand the merits of a case or to facilitate settlement, the mediator will utilize our technical experts and resources to act as a neutral source of technical evaluation and testing. For example, software can be evaluated and tested for conformance with specifications or performance guarantees in a software development agreement. As another example, technical tests may shed valuable light on whether a patent claim reads on a device, software or method. Many other examples are possible. The mediator will work with the parties and their attorneys to construct technical evaluations or tests useful to the resolution of the dispute. See Testing Laboratory.


Fees...

See Fee Schedule.