Mediation - The Worldwide Boom

The WIPO Arbitration and  Mediation Center published a very interesting study (“ Results of the International Survey on Dispute Resolution in Technology Transactions”) in March 2013 (Full Report). The WIPO  was advised by an international group of experts which included Dr. Michael Gross . 393 responses from law firms, universities, companies and others led to the following results:

  • For  94% of agreements, conflict resolution clauses were  negotiated during contract negotiation.
  • Time  and money were the main two motives when negotiating conflict resolution clauses.
  • In most cases, court costs in foreign countries are more expensive than ADR procedures.
  • Mediation has a very high agreement rate. If the mediation fails, a subsequent arbitration increases the chances of reaching an agreement.
  • Many of the people asked who had experienced an international   patent conflict believe that  ADR procedures can resolve a conflict just as well as a  government  court case .

In essence, the  results of the study show that no one method of conflict resolution is “the” solution for all types of conflict. The costs of the various methods of resolution must be compared. This also applies for the other advantages and disadvantages..