We must Talk, Because we Can

Virtually every international IP dispute is difficult. Sometimes, extraordinarily so. Mediation in international IP disputes works best when each person concerned is thoroughly prepared, and brings to the table all his or her interpersonal skills, cultural sensitivity, patience, open-mindedness, creativity and commitment.

In We Must Talk, Because We Can, David Plant focuses on the process of mediation and on the mediator, the client and the counsel. Mediation, from Mr. Plant’s point of view, is interest-based negotiation facilitated by a third person – the mediator. His aim is to help you – whatever your role – to prepare for and engage in such mediation at the most productive level.

Table of Contents

1. Introduction
2. The Nature of IP Disputes
3. IP Disputes Suitable For Mediation
4. Barriers to IP Mediation
5. Getting to the Table
6. Preparing for IP Mediation
7. The Skilled IP Mediator
8. Skilled IP Counsel’s Role
9. The Well-Prepared Client’s Role in IP Mediation
10. Cultural Issues in IP Mediation
11. Emotion in any IP Mediation
12. Ethics and IP Mediation
13. The End Game
14. ICC’s ADR Rules 127
15. Lessons from some IP Disputes 131
16. End Note – The Challenge of the Peaceful Virus 135