Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.
Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread acceptance among both the general public and the legal profession in recent years. In fact, some courts now require some parties to resort to ADR of some type, usually mediation, before permitting the parties’ cases to be tried. Additionally, parties to merger and acquisition transactions are increasingly turning to ADR to resolve post-acquisition disputes.
The rising popularity of ADR can be explained by the increasing caseload of traditional courts, the perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire of some parties to have greater control over the selection of the individual or individuals who will decide their dispute.
With the beginning of any IP dispute, the attorneys of HULSEYPC counsel the intellectual property litigation is often nothing more than a pressure tactic used to coerce an agreement from an opposing party. Litigation is a complex and protracted negotiation—more than 90% of civil cases never reach trial, but are resolved through settlement or mediation. During the course of a lawsuit, it is not only an ultimate agreement that is negotiated, but also many intermediary issues: venues, motions, discovery, scheduling, admissibility of evidence, etc. Thus, techniques that work in other negotiation situations have their place in litigation as well.
In the case of a lawsuit, your alternative to settlement is often a jury trial. However, all too often the anticipated jury verdict—the best alternative to settlement—remains an uneducated guess on the part of trial attorneys. Frequently, it is only when they realize that an agreement is unlikely that they call their favorite trial consultant to figure out what themes of the case might appeal to jurors. As intellectual property attorneys with a strong transactional background, the attorneys of HULSEYPC have the ability to put your best interests first in pursuing a strategy focused on what resolution best serves our clients needs.