Alternative Dispute Resolution

Practices

Lerner David has expanded its footprint in the realm of alternative dispute resolution (ADR). Drawing upon decades of experience litigating (and settling) patent, trademark and trade secret cases on behalf of both plaintiffs and defendants, Lerner David partners have stepped up to serve as arbitrators and mediators in IP cases.

Many courts today urge—and sometimes require—litigants to participate in mediation. This is a non-binding process where the mediator attempts to make both sides of a dispute aware of not only the strengths of their cases, but also the weaknesses. When desired, a mediator may offer an “early neutral evaluation” to help parties find common ground before incurring large expenses for discovery, experts, and pretrial procedures. Our mediators will often look for creative business solutions in which a party might receive a benefit that it could not have obtained even if it had won the case.

Arbitration, in contrast, is a procedure where the parties agree to allow a dispute to be resolved in a forum other than an actual court. Depending on what the parties have agreed to, there can be a faster resolution and considerable flexibility as to procedures, including even the number of arbitrators.

Members of our ADR team have served on arbitration panels. Our team also includes partners who are certified as mediators by the U.S. District Court for the District of New Jersey. We have helped settle cases involving various types of IP disputes, in venues throughout the country.

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