Indeed, complex intellectual property matters may be resolved best through mediation. Moreover, they often are settled via business agreements. Much of the cost of extensive discovery, trial preparation, voluminous exhibits, expert witness testimony, and diverted executive time can be spared by using mediation at an early stage to craft an appropriate settlement. A mediated agreement may extend well beyond the subject matter of the pending lawsuit and accommodate larger business interests. The parties can keep control of the outcome by mediating, rather than relinquishing the decision to a third party.
Mediation offers a sensible way to end the dispute before it's too late.
Mediation can resolve the dispute quickly, while the product is still commercially viable. Mediation avoids disclosure of such sensitive information, to the public and to your adversary. Everything said in mediation is protected as confidential settlement discussions, and cannot be introduced in litigation or disclosed in public. Additionally, a party can disclose certain information in confidence to the mediator, who will not transmit it to the opponent.