INTERNATIONAL TEAM
The success of mediation in the case of intellectual property dispute mainly relies on the skills of the mediator, his ability to understand the legal and technical issues of the dispute. IP Mediate offers mediations provided by mediators specialized in intellectual property.
ABOUT IP MEDIATE
Specialized mediators and experts
IP Mediate is a platform composed of specialized mediators, all lawyers specializing in intellectual property, capable of dealing with highly technical issues. Being managed from Luxembourg, the platform benefits from the proximity of the highest European courts in the field of intellectual property, such as the Court of Justice of the European Union having jurisdiction for European trademark litigation, or very soon the Unified Patent Court, to rely on a large pool of expert.
IP Mediate is borderless. Established in Luxembourg, the platform relies on one of the country's strengths, its multilingualism and strategic geographical location, to ensure mediation services to cross border disputes in several languages.
Finally, IP mediation intends to be a platform dedicated to the parties, adapting to the type of dispute, the resources of the parties and the issue of the dispute. It offers its services both online and in the presence of the parties.
IPMediate
What about IP Mediate's founder?
Camille SAETTEL, founder of IP Mediate, is a lawyer registered at the Luxembourg Bar, specialized in intellectual property. As a certified mediator, she considers that disputes involving IP rights can only be effectively settled with the support of a mediator with a solid knowledge of the legal and technical issues of the practice. This is the objective of IP Mediate: offering mediations handled by mediators who are IP specialists.
Avocate à la Cour
1. The agreement to mediate
Mediation can be conventional or judiciary
To start a mediation, the parties first need to agree to submit their dispute to mediation. This agreement contains the details of the procedure, entirely decided by the parties, its expected duration, and the repartition of the costs between the parties.
If the parties are already bound by a contract containing a mediation clause, mediation is mandatory before any legal action.
Otherwise, a party can file a request for a mediation to IP Mediate ( File your Request for a mediation ). IP Mediate will then contact the other party to suggest to enter into a mediation process.
2. Starting the mediation
Initial contacts and discussion between the parties
To effectively guide the parties, the mediator must always have initial contact with each party separately, in order to properly identify the origin and the grounds of the dispute, and then assess the possible outcomes. At the end of these individual interviews, a meeting between the parties is organized, in the presence of the mediator who uses his sense of conflict resolution and his technical knowledge to help the parties to find a solution.
Depending on the issue and the complexity of the dispute, several meetings may be useful.
The mediator undertakes to hold the mediation within the time agreed with the parties. The timeframe is usually very short. Interviews can be organized by video conference at the request of the parties.
3. Outcome of the mediation
Mediation leads to two possible outcomes
If the parties manage to reach an agreement: a mediation agreement, containing the parties' commitments is signed by all the parties. This agreement may, if necessary, be ultimately approved by a judge to be enforceable.
If the parties do not reach an agreement, the mediation is closed, and the parties are free to go to court.
Tarifs
What is the price of a mediation?
Mediation is a process that allows parties to control the related costs. A transparent and predictable pricing approach is therefore essential. All our mediators apply the following rates:
Stake of the dispute
Below 20.000 €
Administration fees
500 €
Mediator's fees
3000 € excl. VAT*
*Rate applicable for mediation involving a preliminary interview with each party, and one meeting in the presence of both parties
Stake of the dispute
Beyond 20.000 €/not quantifiable
Administration fees
500 €
Mediator's fees
Hourly rate 350 € excl. VAT**
**Subject to the mediator's agreement, the parties are free to cap the mediator's fees. The agreed amount of fees will be confirmed in the mediation agreement signed by the parties at the beginning of the mediation.
According to the common rules, the fees are born in equal by the parties, but the parties are free to change these rules regarding the allocation of costs.
The fees are payable when the parties have signed the mediation agreement. No costs are incurred if the proposition to enter into a mediation process is not accepted by the other party.
