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Mediation

{definition}:  "Mediation is an amicable alternative to dispute resolution. It involves a neutral third party: the mediator."

The mediation service

Ipsilon guarantees neutral, impartial, independent and competent mediators. The mediator will be chosen in agreement with the parties. The mediator's knowledge in the field of IP will be an asset in understanding the needs and issues of the parties.

The mediator will organize individual or plenary meetings with the parties, with or without the lawyers, in a neutral location suitable for plenary or separate discussions.

After helping the parties to identify their disagreements, issues and needs by restoring dialogue between them, the mediator will accompany the parties in finding solutions that suit them, ensuring that they are legal and in good faith. The parties are free to find their own solutions to their dispute.

Once an agreement has been reached, the mediator will ensure that the memorandum of understanding drawn up by the parties' counsel is consistent with the discussions. The memorandum will be binding on the parties and may be approved by a court. The protocol, as well as any discussions or documents communicated, are confidential.

In the event of failure, the parties will be free to resume or initiate their legal proceedings. As mediation is totally confidential, nothing may be disclosed by the parties.

Why and to whom it is useful?

Mediation is aimed at any company wishing to find a solution to a dispute that avoids the hazards of legal proceedings, to maintain commercial relations between the parties, to save time because mediation only lasts a few months, to save substantial legal costs, to keep all exchanges and the future agreement confidential, to suspend current proceedings without losing the chance to pursue them if mediation fails.

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