The natural complement to litigation is alternative dispute resolution (ADR). For parties seeking an efficient and reasoned result through ADR, Harness Dickey has experience moderating disputes in the highly technical areas of patents, trademarks, copyrights, trade secrets, and licensing disputes, among other intellectual property matters. Our team of attorneys includes members of the American Arbitration Association, for example, who are able to combine their ADR expertise with decades of experience in intellectual property law to reach fair and reasoned decisions.
Our team also includes certified mediators who have successfully brought parties together to reach fair and reasonable settlement agreements. Our mediators focus on achieving results efficiently, thereby allowing businesses to avoid the typical costs and aggravations of litigation. Again, the years of experience our attorneys hold in litigating, arbitrating, and prosecuting patent rights puts them in the unique position of being able to offer cogent guidance to parties in mediation and quickly reaching that elusive middle ground.
Business leaders searching for a neutral venue further appreciate that Harness Dickey has four offices across the country that can accommodate arbitration hearings or mediation settings, including two Midwest offices that offer an ideal central location where opposing parties can meet. The firm is generally able to host ADR proceedings or mediation sessions without the need to charge a site fee, as well.
Harness Dickey has also represented numerous clients in arbitrations, mediations and other forms of ADR. Our attorneys have arbitrated numerous disputes before the American Arbitration Association involving infringement, research agreements, licensing agreements, software development agreements and other contracts. Based on our expertise, we know that not all arbitration is equal. For example, ICC arbitration is very different than AAA arbitration, and while certain clients may be comfortable with one, they may not be satisfied with the procedures of the other. Case in point: we know when to use AAA’s Expedited Rules to reach a final decision with limited discovery, allowing for a faster, lower cost resolution that also mitigates hostility levels — an important factor for parties who need to continue working together.
We also possess the experience to press our clients’ views in mediation. Whether using court appointed mediators, privately retained mediators or conducting mediations without a third party neutral, Harness Dickey has the technical and legal expertise to teach the mediator or opponent, and reach a mutually agreeable end game in the fastest and lowest cost manner possible.
Clients further benefit from our front line experience in this area through our ability to negotiate the metes and bounds of the ADR process as early as we can. There is no better time to control arbitration costs, for example, than when the arbitration clauses are being written into important contracts. This expert level insight allows us to act in our clients’ favor long before the need for arbitration or mediation arises.