Mediation or Litigation? Options for an Intellectual Property Dispute

Intellectual property disputes are becoming a common problem for creative people and business people alike. From South Florida to Washington State, people have been having to choose how to handle intellectual property disputes. There are a few options to consider.


Pros: Litigation is a process involving a judge hearing evidence from both parties and deciding. This allows businesses to gather up any evidence they feel is prudent and present it. It also allows either party to appeal if they are not happy with the judge’s decision.

Cons: This process takes a long time. Companies are required to do their own fact collecting, which can mean a costly investigation. This is often not a viable option for small companies.


Pros: Meditation focuses less on who is right and who is wrong. The goal is to find a compromise that works for both. Mediation is a cheaper option. It is also confidential, so that nothing talked about during the process is applicable in court.

Cons: Companies have to compromise. They will not always receive exactly what they are asking for. Sometimes, companies are unable to come to an agreement and must decide upon another way to handle the problem.

There are advantages and disadvantages of both options. These options give companies and individuals choices regarding how they can handle their intellectual property dispute. Companies should consider the outcome they are hoping for, how much money they want to spend on the process and which option is going to give them the best results. For more information, it is best to contact a reputable attorney in your area today. He can also set you up with a reputable mediator if you so wish.