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World Intellectual Property Organization (WIPO)

Workshops for Mediators

Geneva, Switzerland

May 6-7, 2010

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.

WIPO Workshop for Mediators in Intellectual Property Disputes
May 6-7, 2010
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.

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