Intellectual property mediation normally is complex mainly in that nonmonetary terms often are as important or more important than the monetary terms. Much commercial mediation tends to be linear, with money as the prime or only variable. By contrast, the closest analog to IP mediation, in my opinion, is divorce mediation. It raises not only central monetary issues, but also profoundly important nonmonetary issues such as child custody, who keeps the home, who keeps the dog, etc. However, that is where the analogy breaks down; often, IP litigation mediation is more like a mediated marriage rather than a mediated divorce. To read the full article, please visit The Indiana Lawyer.
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