ADR Policy and Disclaimer for List of Arbitrators and Mediators
THE AIPLA LIST OF ARBITRATORS AND MEDIATORS
Effective January 1, 2019, AIPLA adopted the following materials concerning AIPLA's List of Arbitrators and Mediators (replacing the former "Neutral Registry"). Any member of the public seeking a potential arbitrator or mediator from the List, or AIPLA member seeking to apply to be named in the List, should read the following information before viewing the List.
ADR POLICY STATEMENT
For many disputes there are more effective methods of resolution than litigation. When appropriately chosen, 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 resolution processes, or both, for resolution of disputes, whether present or prospective."
THE NEW LIST
The List names AIPLA members in good standing who are willing to be retained as an arbitrator, mediator, or early neutral evaluator, for disputes involving intellectual property.
This List is intended solely to facilitate contact between parties to an intellectual property dispute and AIPLA members willing to be retained to participate in its resolution. The List provides biographical information to allow more informed selection. Because it would be an unreasonable administrative burden for AIPLA to confirm the accuracy of any qualifications, information and/or representations applicable to any listed member on the AIPLA List, each listed member's qualifications and experience are selfcertified by that listed member.
The AIPLA does not represent, warrant or otherwise confirm the accuracy of any qualifications, information and/or representations made by any listed member, who shall have the sole and continuing responsibility for maintaining the accuracy of all such information. The Association does not, in any respect, train, screen, certify, regulate or control members on the List. The Association expressly disclaims any and all liability, responsibility or involvement in attorney-client relationships or ADR proceedings, that may relate in any way to the use of the AIPLA List of Arbitrators and Mediators. Anyone considering or hiring any listed member does so at his/her own risk, and should conduct their own due diligence concerning the qualifications, information and/or representations of any listed member.
CRITERIA FOR AIPLA LIST OF ARBITRATORS AND MEDIATORS
Any AIPLA member to be listed in the AIPLA List shall have self-certified that:
- Said member has at least 15 years of experience in at least one or more of the fields of intellectual property law, i.e., patent law, trademark/trade dress law, copyright law, and/or trade secret law, a significant portion of which should be litigation experience. In order to meet this requirement for any category of intellectual property law, the experience need not be exclusive to that one category.
- Any listed member holding her/himself out as a possible arbitrator or mediator for patent or trade secret disputes, has the demonstrated ability, gained through prior formal education, technology experience, or experience in technology-related or patent cases, to understand the technology involved in patents or trade secrets being asserted in the dispute to be resolved. However, such arbitrators and mediators need not have formal education or particular experience in the specific technology applicable to the dispute if they are capable of gaining sufficient knowledge of the technology through study and/or a tutorial.
- Any listed member holding her/himself out as a possible mediator for any patent or other intellectual property dispute, has completed a formal mediation course comprising at least thirty (30) hours of mediation training, including a substantial clinical portion with mediation simulations, verified by a certificate of completion of such formal training from the organization providing the training.
- Any listed member holding her/himself out as a possible arbitrator for any intellectual property dispute has (A) at least two years of experience in acting as an arbitrator either on a panel of an ADR provider organization such as the American Arbitration Association or JAMS, or as an independent arbitrator; or (B) completed a formal course of arbitration training, verified by a certificate of completion of such formal training from the organization providing the training; or (C) substantial experience in participating in arbitrations of IP disputes either as an arbitrator, or as an attorney or party representative.
- The AIPLA also recognizes that retired federal or state court judges may be qualified to be arbitrators or mediators of patent and/or other categories of intellectual property disputes by virtue of their judicial experience presiding over and/or settling IP cases. Accordingly, any AIPLA member who is a retired federal or state court judge and who believes that he or she has sufficient experience to be an arbitrator or mediator of any intellectual property dispute, shall be eligible to be a listed member.
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