Alternative Dispute Resolution

AIPLA ADR Policy Statement

For many disputes there are more effective methods of resolution than traditional litigation. When appropriately used, alternative dispute resolution procedures, either in conjunction with litigation or independently, can substantially reduce the cost and burdens of litigation and result in solutions not available in court.

Accordingly, it is resolved, that --

Each practicing member of this Association is encouraged to be knowledgeable about alternative dispute resolution processes, and where appropriate, is encouraged to advise the member's clients of the availability, values and characteristics of these alternatives to litigation so that clients can make an informed choice concerning the use of litigation or alternative dispute processes, or both, for resolution of disputes, whether present or prospective.

Alternative Dispute Resolution Neutral Registry

The AIPLA has established a service to identify members of the Association who are willing to be retained as neutrals in the resolution of disputes involving intellectual property rights to parties who may wish to retain a lawyer for this purpose. The service is available under the terms described herein.

Need For The Service
The legal community, including the members of AIPLA, recognize that civil litigation has become extremely expensive, prolonged, and otherwise burdensome to the parties and to the courts. But because more than 90% of all federal civil cases are settled before trial, relatively few ultimately bear these high costs. However, the Association's most recent economic survey also shows that the median attorney fees for each party from complaint through discovery are also substantial.

The primary attraction of dispute resolution methods other than litigation lies in the opportunity to save time and money and for the parties to create their own solution. As the great majority of all disputes are settled short of a trial, there is a growing awareness that sharpening the focus on settlement processes and procedures is prudent, practical, and productive.

The use of alternative dispute resolution (ADR) methods to resolve disputes involving intellectual property rights, and all other civil disputes, is increasing. To properly use such methods the owners of intellectual property and their lawyers must understand the different types of ADR, how each functions and when each may be usefully employed. Also, whether the practice is arbitration, mediation, minitrial or other type of ADR, the active participation of a third party neutral person or persons is often necessary. Identifying candidates to be neutrals is the need that the service is intended to help meet.

Registry
The neutral registry is a roster of members of the Association who are willing to be retained as a neutral in intellectual property dispute resolution situations. All have received at least 8 hours of neutral training and are members in good standing of the bar of a state or the District of Columbia, or thecountry where authorized to practice, and have been so for at least five years.

These members' names, addresses, and professional affiliations are included in the service's panel listing. The panel listing also includes a short statement written by each member highlighting some qualification or professional experience the member believes may be relevant to being retained. For example, panel members have cited ADR training and experience. Some describe professional experience such as former corporate patent counsel or litigation practice.

Each member of the panel has completed a service registration form. The three page form includes information on education and employment history, technology interest, bar membership, ADR experience, and references.

Caveat
This registry is limited solely to facilitating contact between parties to an intellectual property dispute and AIPLA members willing to be retained to participate in its resolution. The Association does not, in any respect, certify, endorse, screen or train members on the panel listing. The Association will have no liability, responsibility or involvement in attorney-client relationships or ADR proceedings which may relate in any way to the use of the referral service.
Fax. 703-415-0786

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