“In a micro-electronic patent or a computer software copyright dispute, litigation or arbitration can take longer than the lifecycle of the product concerned: a preliminary injunction can kill an entire product line, and a damage award will invariably come too late, at a time when the victim may have already been ruined.” — Christian Bürhring-Uhle1

I. Introduction

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.

International, multibillion-dollar corporations engaged in the pursuit of business profits derived from intellectual property simply cannot afford the time and resources to sit around with a phalanx of attorneys waiting years and spending millions to resolve disputes pertaining to trademarks, copyrights, patents, and trade secrets.

When a dispute arises between a U.S. licensor and an Asian licensee concerning a high-tech product, both parties generally want a prompt resolution and one which will preserve ongoing business relationships.

Just as the trial courts have often given way to the perceived advantages of arbitration in the U.S., so too will arbitration ultimately give way to mediation in the international arena.

This chapter has four objectives: (1) to introduce the international practitioner to the beneficial characteristics of the mediation process which make it worthy of consideration as an effective dispute resolution mechanism; (2) to highlight the essential considerations of how to initiate a mediation: when, where, and by whom; (3) to describe the major organizations which provide mediation panels and forums; and (4) to discuss the current and prospective use of mediation in the international intellectual property field.

The authors are convinced that mediation is the wave of the future for international dispute resolution and that intellectual property disputes are particularly well-suited to this process.