Mediation is a process in which the parties to a dispute attempt to reach an agreement with the help of a neutral third person and without resorting to traditional litigation. It is a structured, voluntary, confidential and flexible process that is increasingly used successfully to resolve all kinds of disputes.
As the name suggests, the mediator mediates, not resolves. In contrast to arbitration, where the arbitrator must decide the issues submitted to him or her. The mediator, on the other hand, has the function of bringing the parties together, with the parties proposing, deciding and agreeing.
Mediation in industrial property
In the IP field, this means resolving disputes more efficiently and can be used both in the early stages of the dispute and in conflicts that are already deep-rooted and complex to resolve. It provides greater agility and a search for solutions in disputes where the parties belong to different jurisdictions, as it gives the option of more flexible, imaginative and economical solutions that will be much easier for the parties to comply with as they have been proposed by the parties. This is essential in our sector, where cross-border disputes requiring global solutions are numerous.
Many legislations in our environment have already incorporated mediation as a compulsory prior step in their system of access to justice. In Spain, we are still waiting for the legislator to create the appropriate legislative framework for its development, which is why it is necessary to recover the draft law on procedural efficiency measures, which recently fell after the 23J elections and which would give more visibility to Alternative Dispute Resolution (ADR) and, therefore, to mediation itself, by making it a compulsory prior step before filing a civil lawsuit.
In conclusion, it is a process in which communication between the parties is reactivated, helping to maintain healthier commercial relations with more beneficial results for the parties.
PONTI & PARTNERS has professionals who are officially accredited as mediators and who have the necessary experience and knowledge to find the best negotiated solution between all parties. If you need advice, please do not hesitate to contact us by any of our means of contact.
Article by Imma Miralles.
