Mediation and arbitration
Mediation and arbitration allow settling Intellectual Property disputes out of court, with the assistance of a third party agreed to by both parties. The mediator helps the parties, or their counsels, to come to an agreement for resolving the dispute, but cannot render any judgment in the procedure itself. If the parties do not reach an agreement, the proceedings are discontinued and deliberation goes back to the court. If the parties are able to reach an agreement through mediation, the agreement is filed with the court for its validation. With respect to arbitration, the arbitrator must issue a decision on the dispute if the parties do not reach an agreement.
Most Intellectual Property disputes concern one party claiming infringement of its patent, design, creation, trademark, etc. Mediations and arbitrations allow parties to choose a professional panelist proficient in these areas. The resolution proposed may be more informed and creative in a way that is not decisively beneficial to only one party, as is often the case in the courts.
In Intellectual Property disputes, it is of utmost importance to avoid disclosing details to competitors and clients on the dispute itself, and inventions, trade secrets, practices and the like. Such exposure occurs in court proceedings, but not in procedures under confidentiality, which reduce risk from competitors and damage that may occur to the business’s reputation.
The added benefit of these procedures is the efficiency, both in terms of cost and speed of resolution that can be achieved, compared to legal proceedings in courts.
Intellectual Property is a unique niche that incorporates technological, business and legal understanding, and therefore it is important to engage an experienced mediator or arbitrator who has a deep understanding of the issues of the particular field and their possible implications.
Our extensive understanding and experience in all aspects of Intellectual Property, including commercial aspects and representation before various legal entities, allows Gilat, Bareket & Co. to understand and examine each case in depth, and bring about a solution that is in the best interests of both parties.