Mediation can be an effective tool in resolving simple to complex patent litigation. As the volume of patent cases has increased around the country, the number of experienced mediators and parties that have participated in the mediation process has also increased. This guide collects the knowledge of experienced judges, mediators, counsel, and parties to promote cost-effective, time-effective, and constructive dispute resolution. Much of the practical information contained within this guide was derived from interviews with federal judges, patent litigators, and in-house attorneys familiar with conducting patent mediations. These sources are not quoted directly so as to preserve anonymity with regard to their views on particular issues. This stage-by-stage and issue-by-issue guide supplements the Patent Case Management Judicial Guide (PCMJG), a comprehensive treatise developed for the federal judiciary. The PCMJG addresses the mechanics, timing, and considerations for effective mediations when judges are managing patent cases. This supplement addresses issues specific to mediators (magistrate judges and private mediators) and in-house and litigation counsel.

Assisting the practitioner in effective preparation for and representation at mediation, this work explores a range of practical topics, from the timing of mediation and choosing the mediator through to mediation advocacy and option generation.

"[This book provides a] road map of what to bear in mind when arbitration is being used to resolve patent issues. [It] covers everything from determining whether or not it is a good idea to include arbitration in a patent-related agreement, drafting the clause, kickstarting arbitration, how to conduct it, how to enforce or attack the award, and plenty of ground in between."--