Things every client should understand about intellectual property disputes

Arbitration

Whereas, in mediation, the mediator has no power to compel a settlement or resolution of the dispute (i.e., the power to settle in mediation rests constantly with the parties themselves), in arbitration, by contrast, the parties have agreed to present their cases to the Arbitrator who they have agreed will render a final binding decision resolving the dispute.

Arbitration has been occasionally termed “quick and dirty justice,” because, traditionally, it is viewed as a quicker route to a final judgment than a formal court litigation, and it is also viewed as a potentially rougher form of dispute resolution as well as the parties to an arbitration agreement have typically waived all right to appeal the Arbitrator’s decision except for extremely rare grounds (e.g., corruption of the Arbitrator).