The Intellect Law Group offers professional assistance in all aspects of Intellectual Property Alternative Dispute Resolution services. Managing Partner, Joseph S. Beckman, is a listed Neutral with the World Intellectual Property Organization's Arbitration and Mediation Center.
Areas of specialized knowledge and firm experience include the following:
||food and drugs
||research & development contracts
||transfer of technology
Alternative Dispute Resolution includes Mediation and Arbitration. Both procedures address different business and legal needs. In many circumstances, one or the other will provide a less costly alternative to litigation, allowing the parties to control the disclosure of their confidential business information and contain the business damage that is a common by-product of the litigation process.
Mediation is the use of a neutral intermediary, the mediator, to informally assist the parties in reaching a mutually satisfactory settlement of the dispute. The process is truly informal, requiring no filing of formal claims, no procedures to initiate or enforce factual discovery and no formal presentation of witnesses or evidence. The mediator cannot impose a settlement on the parties and no party is penalized or prejudiced by their failure or unwillingness to settle at mediation. Either party may abandon the mediation at any stage of the proceedings and the level of participation, involvement or disclosure is at the sole discretion of a party. In the event the parties reduce any agreement to writing, that settlement agreement becomes a contract, legally enforceable by a court of law. The WIPO Mediation Rules govern all mediation undertaken through the Center.
In contrast to non-binding mediation, arbitration by a sole or member panel of arbitrators results in a binding decision, enforceable by a court of law. While the rules of arbitration will vary by jurisdiction, arbitrators generally conduct arbitration much like an abbreviated trial, with an opportunity to file formal claims and counterclaims, conduct factual investigations (discovery) and present witnesses and testimony at a final hearing. The WIPO Arbitration Rules govern all arbitration undertaken through the Center.