Characteristics in Mediators that Lead to Successful Intellectual Property Mediation in Los Angeles
Dec. 1, 2022
Due to the complexity of intellectual property disputes and the time it takes to resolve them through litigation, many parties turn to intellectual property mediation in Los Angeles. The likelihood of success in intellectual property mediation in Los Angeles is directly linked to the mediator’s skillset. Some characteristics that are routinely part of a successful mediation include the mediator’s:
Ability to Gain Parties’ Confidence
Successful mediators have an uncanny ability to show that they are trustworthy individuals. It is vital for mediators to accomplish this goal because it sets the stage for the parties to be honest and openly express themselves to the mediator. It also helps when the mediator brings a settlement proposal to each individual party to be able to objectively present it to the party without him or her feeling that the mediator is somehow trying to take advantage of the party.
Although mediators must be neutral, they must still be able to express empathy to each party separately. This allows the party to bond with the mediator, as well as trust him or her more. Additionally, it allows the mediator to ingratiate himself or herself to the party, making the entire process much smoother.
Strong Evaluative Skills
A mediator must be able to discern information quickly. He or she should be able to evaluate whether a party will be likely to achieve his or her goals outside the mediation setting, such as through arbitration or litigation. The mediator can weigh the strengths and weaknesses of a case and use this information to encourage agreement between the parties. Additionally, an intellectual property mediator should be able to assess whether the parties may be willing to enter into side agreements to help resolve the current issue, such as a licensing agreement.