Mediating intellectual property disputes in Boca Raton FL is a preferred alternative to litigating a case. The parties are brought together in the spirit of cooperation and help to resolve their dispute to their own satisfaction, rather than have the case drag out for years. However, mediating intellectual property disputes in Boca Raton FL still requires extensive preparation to ensure that you are presenting the best possible case. Here are a few things that you can do to prepare yourself for the process ahead.
Participate in Writing the Brief
Before mediation, the mediator may request that each party submit a brief in which he or she outlines his or her side of the story. This may provide a factual background on how the parties wound up involved with each other, as well as an analysis of why the parties are now embroiled in a dispute. It can also outline the strengths and weaknesses of both sides of the case.
Determine Your Interests
It is easy to wind up cemented in a certain position on the grounds of “principle.” However, mediation can provide you with the unique opportunity to change a troublesome situation to your advantage. For example, if you believe that someone is infringing on your intellectual property, mediation may lay the groundwork for you to recuperate lost profits and receive a royalty on future profits. Alternatively, you may consider a cross-licensing deal or a modification to an existing contract that would better serve your interests than litigation.
Prepare Yourself Emotionally
If a lawsuit has already been filed in a case, the emotional stakes may have already risen. However, mediation is much different than litigation and requires a greater deal of compassion and cooperation. Try to view the other party as an ally instead of an opponent.