Many litigants are not satisfied with the outcome of a trial, even if they appear to have won.
With this in mind, the Groupe VIDON has developed expertise in supporting its customers in alternative dispute resolution, and in particular mediation, which enables the parties to build their own solution.
What is mediation ?
Mediation is “a structured process (…) by which two or more parties attempt to reach an agreement for the amicable resolution of their differences, with the help of a third party, the mediator, chosen by them or designated, with their agreement, by the judge hearing the dispute” (article 21 of law no. 95-125 of February 8, 1995).
In industrial property matters, mediation can be :
- conventional : i.e. set up directly by the parties, before or alongside a legal dispute, in application of a contractual clause or on their own initiative.
- judicial : when the judge considers that the parties would benefit from working together to find an amicable solution, he or she can suggest mediation to the parties and, after obtaining their agreement, appoint a mediator (articles 131-1 et seq. of the French Civil Code). Mediation can be proposed at any stage of the proceedings, from summary proceedings to final appeal.
- preventive : when several parties are planning to work together on the same project and wish to prevent any conflicts that may arise, or to resolve them as they arise so as not to block the project.
Who is the mediator?
The mediator is a qualified expert.
He or she is independent, neutral and impartial.
The mediator has no power of instruction. He is neither an advisor nor a judge.
The Groupe VIDON has one qualified mediator.
When should mediation be used?
Not all cases are destined for mediation. For example, mediation has no place when a legal solution is obvious.
The Groupe VIDON’s experts are fully aware of this issue, and know how to identify cases suitable for mediation. They can advise you in advance on the possibility of mediation and how to propose it to the opposing party, and accompany you throughout the process.
What are the advantages of mediation?
Based on free will, the process is :
- rapid : a significant advantage in the face of court congestion ;
- economical : by avoiding a procedure that gets bogged down and the consequences of a potential conviction;
- pragmatic and efficient : built/forged/invented by the parties, the solution is perfectly adapted to their situation and business. Mediation enables solutions that a judge could never order (partnership, commercial agreement, license, etc.);
- confidential : only the parties, their counsel and the mediator know the outcome of the mediation, even in the case of judicial mediation. Everything said and exchanged in mediation is and remains confidential. Business secrecy is thus preserved.
All areas of intellectual property and all types of dispute can be handled in mediation:
- patents, trademarks, designs, know-how, domain names ….
- inventor’s rights, counterfeiting, unfair competition, parasitism, breach of contract, etc.
The Groupe VIDON’s experts are at your disposal to answer any questions you may have about mediation, but also to raise awareness of mediation and support anyone wishing to find out more about this strategic tool.