Abstract:
This article advances the case for mediation as an indispensable “soft tool” within the complex, multi-jurisdictional, and commercially sensitive landscape of intellectual property (“IP”) disputes. It outlines the principal categories of such disputes and explains why mediation – more than conventional fora – addresses their intricacies by preserving commercial relationships, accommodating commercial and technical nuances, protecting confidentiality, and enabling parties to consolidate fragmented risks while retaining control over outcomes. The article also examines key impediments to wider uptake, including legal culture, enforcement uncertainty, and gaps in contractual and institutional design. Drawing on dispute system design principles, it concludes by proposing a blueprint for cultivating a sustainable and effective IP mediation ecosystem.