Breaking through Barriers in an Intellectual Property Dispute in South Florida


When parties use an alternative form of dispute resolution to resolve an intellectual property dispute in South Florida, they may reach a barrier with the other side at some point in the process. This can sometimes cause the parties to give up and continue with litigation. However, there are several ways that the parties can help break through such barriers in an intellectual property dispute in South Florida.

The first way to handle such obstacles is to really listen to the other side. It is critical that the adverse party feel that he or she is being heard and understood. Simply by openly listening to a different perspective, you can lay the groundwork of respect that can eventually help settle the case. Likewise, if someone feels that he or she is understood, he or she may be more likely to listen in return.

Another important way to confront such a barrier is to treat the other party like he or she is on the same level, even if you believe that you are in a more powerful position. If you lecture the other party, he or she will likely feel dismissed and will shut down.

Attempt to examine the legal dispute from a different perspective. This can help provide you with greater clarity on the issue. Also, consider the ramifications of continuing the dispute, including a potential negative effect on your business or greater legal expenses. These considerations can help motivate you to resolve the dispute today.

When the parties reach an impasse, they may also want to try to reframe the question. This can lead them to negotiate different aspects of the case and find common ground that they can build upon. They can then begin to brainstorm other possibilities on how to resolve the dispute. Once the parties’ interests are aligned and they are actively working together, they can often reach a resolution.