Mediation
Mediation is negotiation with the assistance of an independent neutral party, a mediator, whose role is not to determine the issues in dispute or impose a solution on the parties but to help the parties to communicate. It has become an increasingly important aspect of dispute resolution over the last 20 years or so. Frequently, it is now encouraged, if not directed, by the courts during litigation but it can also be highly effective at resolving disputes before they have become litigious. Mediation provides the opportunity for parties not only to deal with the claims before the court but to arrive at creative and constructive solutions to their differences. A skilled mediator can make that very much more likely and can help the parties to find resolutions they would not have seen for themselves.
The quality of the mediator is critical to a successful outcome. An effective mediator has to maintain neutrality and the trust of the parties whilst aiding them to find their way through their differences. This takes training and practice and several members of chambers have undertaken formal training and certification and are expert at guiding the parties through the process to achieve a successful outcome.
All established members of chambers have experience of mediation across the field of IP through representing clients and are willing to act as mediators if requested. 11 South Square’s collective IP mediation experience is second to none.
Michael Silverleaf KC is one of the leading mediators in this field. He has mediated dozens of disputes covering every aspect of intellectual property and a wide range of commercial disputes with technical issues including complicated multi-party claims, international disputes the subject of arbitration or multi-jurisdiction litigation and very high value claims in both IP and technical commercial cases. He has experience of acting as a co-mediator in conjunction with mediators from other jurisdictions.
Arbitration
Arbitration is a non-judicial process for the settlement of disputes where an independent third party – an arbitrator – makes a decision that is binding. The role of an arbitrator is similar to that of a judge, though the procedures can be less formal and an arbitrator is usually an expert in their own right. There are many advantages to arbitration including the fact that the process can be tailored to suit parties’ particular needs, it is confidential and can be more cost effective than litigation through the courts, and arbitral awards are binding and enforceable through the courts.
Arbitration forms an important part of chambers’ work. Members of 11 South Square have experience of arbitrations, both in acting for a party involved in the arbitration, or acting as the arbitrator in such a dispute. In our experience, arbitration is increasingly being used to resolve disputes involving intellectual property rights, especially when involving parties from different jurisdictions. Members have experience of both ad hoc arbitrations and those conducted under the LCIA and WIPO arbitration rules.