The use of Alternative Dispute Resolution (ADR) such as mediation, arbitration and expert determination to settle disputes between private parties outside the courts has a long tradition in legal systems around the world. IP and related disputes have distinctive characteristics in that they often span multiple jurisdictions and involve highly technical matters,complex laws and sensitive information. Consequently,the disputants often look for flexible dispute resolution processes that can be customized to their needs and that enable them to control the time and cost of proceedings.
ADR processes have a number of advantages: they are flexible, cost-efficient, time-effective, and give the parties more control over the process and the results.Parties who resolve their disputes through ADR are generally more satisfied because they may directly participate in working out the terms of their settlement.
When appropriate settlement processes are available,many disputes can be resolved more efficiently and with greater satisfaction to all parties. Lengthy, costly litigation can be avoided, divisiveness minimized, and productive results achieved.