Negotiation Workshop
     WIPO Workshops for Mediators


World Intellectual Property Organization (WIPO)

Workshops for Mediators

Geneva, Switzerland

June 11–12, 2007
June 14–15, 2007

Professor Robert H. Mnookin, Samuel Williston Professor of Law
Professor Gary J. Friedman, co-founder and co-director of the Center for Mediation in Law

Mediation is an extension of direct negotiations between the parties to a dispute, conducted with the aid of a neutral intermediary, the mediator. It is the preferred mode of dispute resolution in many of the most important markets of Asia, as well as an increasingly popular method of dispute settlement in the United States of America and in Europe.

Many, although not all, intellectual property disputes have characteristics that favor the use of mediation. Where such disputes arise in the context of an existing business relationship, such as that created by a license, franchise, distributorship, research and development contract, manufacturing arrangement, or publishing, sound recording or film production contract, mediation offers a non-confrontational procedure for dispute resolution, which can be conducive to the maintenance or further development of the business relationship. Realizing that mediation is low-risk and cost-effective, parties are increasingly agreeing to make referral to arbitration or court litigation conditional on having previously attempted to resolve their dispute by means of mediation. In a parallel development, many states require that disputes be submitted to mediation before access to courts is granted.

Professionals from many different jurisdictions have already participated in the Workshops for Mediators in Intellectual Property Disputes organized by the WIPO Arbitration and Mediation Center. These Workshops are designed for lawyers, business executives, patent and trademark attorneys and others wishing to familiarize themselves with the mediation process and to receive training as mediators.

In 2007, the Center will offer a WIPO Workshop for Mediators in Intellectual Property Disputes and an Advanced WIPO Workshop for Mediators in Intellectual Property Disputes. Participation in the Advanced Workshop is limited to those who have already completed an introductory program with the instructors, Professors Mnookin and Friedman.

WIPO Workshop for Mediators in Intellectual Property Disputes
June 11-12, 2007
This Workshop will consist of an intensive two-day training course in the techniques of mediation. The Workshop will be based on simulated mediation exercises in the intellectual property field. Participants will be expected to take active part in the exercises, which will be carried out in small groups.

WIPO Advanced Workshop for Mediators in Intellectual Property Disputes
June 14-15, 2007
This Workshop will focus on helping participants further develop two central skills that apply throughout the mediation process:(1)"looping" or active listening skills; and (2) probing for, and appropriately framing, the underlying interests of the parties that provide the foundation for solutions. These skills, applicable to a broad range of settings, are particularly relevant to working with parties and lawyers together in the same room in mediation and are essential in moving the mediation process forward. Participants will have the opportunity to develop and hone these skills through the use of role play in small groups.

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