Involved in a Copyright Dispute? Try Mediation!
Mediation can be one of the most effective ways to settle a legal dispute concerning copyright issues. Not only does the process save time and money, avoiding the inefficiency and expense of litigation, it also provides a number of other features that are unique suited to copyright issues.
Copyright mediation is a confidential process. Unlike litigation where everything discussed during the process is done in open court in front of the public and the details of the final outcome are a matter of public record, mediation is private. Discussions are held in private and only those who are a part of the mediation know the details of those discussions. And if mediation is unsuccessful, the information that was part of the failed mediation remains confidential. This is especially important when it comes to copyright issues that could involve sensitive proprietary information.
Mediation is also controlled by the disputing parties. They participate in negotiations overseen by the mediator and they determine whether or not a resolution is viable. They have the flexibility to design a solution suited to their specific circumstances – something that is not always an option in the courtroom. And only when both parties agree a resolution is acceptable is the mediation considered a success.
The process of mediation is led by a mediator chosen by the disputing parties. This means they have the ability to pick someone to oversee the process who is suited to their needs. Many mediators specialize in specific types of mediation and there are those who are experts in the copyright process. A mediator might be an attorney or judge who has spent time studying and working with copyright, which ensures he or she will have the knowledge and experience needed to guide parties toward an acceptable resolution.
It is easy to see why mediation is so often the preferred method for settling copyright disputes.