Alternate Dispute Resolution

An Alternative Dispute Resolution ("ADR") practice in intellectual property ("IP") is taking many forms these days. 

Neutrals are not only retired judges and attorneys, but also, IP practitioners with active practices. So, a Neutral may have a solo practice, a practice with other neutrals, or a practice that is integrated into a law firm.  Neutrals may obtain cases from their own marketing efforts (e.g., advertising, speaking engagements, journal articles, reputation), by their association with organizations who offer ADR services though a select group of Neutrals, and by court appointments.  Building a practice as a Neutral also includes obtaining credentials and experience.  There are no set credentials for the various kinds of ADR (e.g., arbitration, mediation, early neutral evaluation, mini-trial, summary jury trial) that have evolved.  Retired judges as well as attorneys having significant trial experience and stature have an advantage for some forms of ADR, but not all.  In most cases however, Neutrals are voluntarily pursuing or required to pursue (by organizations in which they're accepted as a neutral), education, training and certification in at least the traditional areas of mediation and arbitration.  Such instruction and certification is available from Courts, Universities, and private organizations.

In law firms and corporate legal departments an ADR IP practice may be nonexistent, exist by virtue of a modest number of attorneys with some ADR instruction and experience, or consist of an ADR Group or ADR attorneys integrated into other practice areas (e.g., transactions, litigation) well steeped in ADR theory and practice and offering a full spectrum of services. An attorney's training in ADR can vary from passive instruction to interactive workshops, and be limited to the traditional ADR options of arbitration and mediation, or encompass a broader selection and combination of ADR options.  In IP transactions, there is an increasing appreciation for the virtues of designing and using multi-step ADR processes and contract clauses to prevent inevitable costly and timely disputes.  And IP litigators are being provided with more incentives to develop ADR strategies along side of litigation strategies for determining whether and when to pursue ADR, what ADR process or combination of processes are warranted, and how best to be an advocate for their client in ADR.  So both transactional and trial attorneys are paying more attention to ADR in their practices.

The AIPLA ADR committee conducts programs and has activities to serve all of these areas of an ADR practice.   We have posted on this site, and ADR registry.  We encourage you to look at our programs for ADR.  Click here to view the ADR registry and other information.