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. A mediator knowledgeable about high tech businesses and their problems can delve right into the issues, without expending a lot of time learning about them. In patent, trademark or copyright disputes, it is useful to use a mediator experienced in intellectual property law, who will be familiar with the legal and factual issues related to, e.q., prior act, doctrine of equivalents, and likelihood of confusion.