Creating a mediation statement in a patent law dispute

Glenn W. Peterson

For many reasons, it would more than likely be advantageous for parties to a dispute to stay out of a California courtroom. If that is the preferred course of action for parties involved in a patent law dispute, then mediation could provide the desired results. In order to maximize the experience, it would be beneficial to create an effective mediation statement.

When most people hear about mediation, the discussion centers on informal meetings, cost savings and other benefits of the process. While those advantages are available, what may not be discussed is the fact that the mediator could request a statement outlining the details of the dispute, along with each party’s position and options for resolution. An effective mediation statement often starts with a concise summary of the details and facts of the situation.

This summary provides the mediator with the “cliff notes” version of the case instead of diving right into facts and other information, which could be lengthy. The mediator needs to know right from the beginning what the dispute entails and the facts as each party sees them. The mediator also needs to know whether the parties attempted to resolve the matter on their own, along with what went wrong with those discussions. Part of this includes letting the mediator know the strength and weaknesses of each party’s arguments. In a courtroom scenario, expressing only the strengths of an argument may make sense, but in mediation, it helps to know everything, which may include the weaknesses in each party’s case.

The parties to a patent law dispute may want to remember that the mediation process is confidential. They lose nothing by being as open and honest with the mediator as possible. The better the mediation statement is, the more it helps the mediator to come up with effective strategies to resolve the issues facing California individuals and companies that seek a mutually satisfactory resolution to their disputes.