Intellectual Property Dispute Resolution in the UK
Jane Lambert First Published 2 Nov 2011 JD Supra, Revised 30 Jan 2017 Essentially, there are two ways of resolving any kind of dispute: the parties can agree to settle; or a third party, such as a judge, arbitrator or hearing officer , imposes a settlement on them. They are not mutually exclusive. Some issues in a dispute may be settled by one method while other issues may be settled by another. Agreed Settlement There are two routes to an agreed settlement: Direct negotiation between the parties; or Mediation, that is to say, negotiation facilitated by a third party known as “a mediator”. There are also two negotiation strategies, namely positional and principled negotiation. Mediation developed out of principled negotiation. Direct Negotiation P ositional Negotiation: The parties bargain. One side begins by demanding more than it expects to get while the other offers less than it expects to give. In subsequent exchanges, the pa...