Intellectual Property Law

Alternative Dispute Resolution

The attorneys at Intellectulaw, in Mt. Sinai, New York, work in partnership with select clients. The firm defends and challenges patent, trademark, copyright, and trade secret rights across the United States. Intellectulaw understands that the protection of intellectual property often includes the need to take legal action. Though the attorneys at Intellectulaw have successfully litigated numerous intellectual property disputes, they have extensive experience using alternative methods of dispute resolution to attain client objectives.

Why choose alternative dispute resolution (ADR)?

The choice between litigation and alternative dispute resolution often depends upon your business goals. ADR may be a better choice if you seek to:

• resolve your issue faster than a court schedule will allow,
• resolve your conflict with less expense than a court case,
• maintain an ongoing working relationship with the other party,

Attorney Betty Tufariello, a certified mediator trained at the Queens Mediation Center, has assisted clients in arbitration and mediation proceedings.

What is arbitration?

Parties typically participate in arbitration because it is mandated by the provisions of a licensing or work for hire agreement as the forum of settlement for disputes.

An arbitration, a confidential proceeding, is like a mini-trial. Each side presents its case before a panel of one to three arbitrators. The parties (and their respective lawyers) choose the arbitrators they want, often based on expertise the arbitrators possess in areas relevant to the business dispute. The arbitrators decide what evidence they will and will not hear. The arbitrators issue a decision, generally within six months, a decision that is final and unappealable.

How does mediation differ from arbitration?

Mediation is generally less structured than arbitration. In a mediation, an unbiased third party facilitates a discussion between the parties to create a solution that is mutually acceptable to the parties. Mediators do not take testimony from witnesses and they do not consider evidence or legal argument. Furthermore, they do not make decisions or render judgments. Their sole function is to work with the parties to get the parties to resolve their differences. If the parties do so, they generally enter into a binding agreement to abide by the terms of the resolution.

Whether your living in Nassau or Suffolk County, New York City or any of the five boroughs, Queens,Brooklyn,Bronx,Manhattan or any other state Nationwide, The Law Offices of Intellectulaw might be the firm for you. Contact us.

Please visit our Litigation website at www.intellectulawlitigation.com