Then the parties can get back to business. Even without the Y2K type of fixed deadline, prompt resolution is essential in many other high-tech disputes. Technologically complex products often have short life spans, as revised and updated versions replace them or as entirely new technologies appear. The risk is that the product at the heart of the dispute will be rendered obsolete even before the suit or appeal is concluded. Thus, a patent infringement suit involving integrated circuits of a certain capacity or a copyright infringement case involving a hot software game may well outlive the dispute's subject matter.
Mediation permits and promotes creative, complete solutions.
Jury verdicts, judicial opinions, and arbitral decisions can reach the responsibility issue, but they can't dictate a technical solution. Mediation, on the other hand, can address the technical aspects of the problem and may well result in a detailed remediation plan. A mediated agreement also may include or lay the groundwork for future business between the parties. An agreement involving a more expensive, customized product may provide a discount on future products or revisions, or an extension of existing service agreements. Mediated resolutions of other types of high-tech disputes may give rise to joint ventures, new distribution deals, or new unrelated contracts.