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Alternative Dispute Resolution or “ADR” – hence, arbitration or mediation procedures instead of traditional civil court proceedings – has gained momentum in the IP world.

For domain names, for example, there is a well-established practice of resolving disputes in arbitration. But nowadays, ADR has become a hot topic in the patent field, as well. The UPC will have a dedicated Patent Mediation and Arbitration Centre. And arbitration is also a substantial – but maybe one of the most controversial – part of the recently leaked Draft Regulation of the European Commission on Standard Essential Patents. The draft provides for a mandatory but non-binding determination of FRAND terms by the EUIPO in a procedure which seems similar to arbitration.

We may therefore expect that ADR may become more and more important, because it offers quite some advantages over traditional court proceedings: confidentiality, speed, expertise, flexibility, cost, and international enforceability.

But let me address a few key issues when getting involved in mediation or arbitration: