International Intellectual Property Dispute Resolution: Is Mediation a SLEEPING GIANT? - Dispute Resolution Journal - Vol. 53, No. 3
Carmen Collar Fernandez
Carmen Collar Fernandez is an attorney practicing in Madrid, Spain. Jerry Spolter is a litigation attorney and managing partner of Spolter, McDonald & Mannion in San Francisco. He has arbitrated or mediated more than 600 disputes under the auspices of the AAA and has conducted mediation training in the U.S., Argentina, England, and Austria.
What can mediation offer parties to international intellectual property disputes? A great deal, according to the authors. The commercial world is becoming internationally interdependent, they note. Conflict arising out of this burgeoning interaction is inevitable and will lead to increasing demands for expedited, inexpensive methods of dispute resolution, even within the traditionally mediationresistant European Community. Mediation is particularly applicable to disputes that are time-sensitive and often demand solutions that promote continued business relationships. This article appears in the May Journal of World Intellectual Property, published in Geneva.
The world of intellectual property law calls for dispute resolution mechanisms as fast-paced and efficient as the evolution of the underlying technology and ideas which are the subject of the disputes.