Page 6 - The Katten Kattwalk - Fall 2025 - Issue 30
P. 6
Maximizing Success
and Avoiding
Common Pitfalls in
Trademark Mediation
By Floyd A. Mandell
ediation can be an effective means of Factors to consider in evaluating whether
minimizing any uncertainty, expense, a dispute is suited for mediation
delay, drain on corporate resources, The parties and their counsel should identify the
Mrisk of adverse publicity and damage key business goals and objectives (both immediate
exposure associated with trademark litigation. and long-term) they seek to achieve and determine
However, mediation can also result in wasted time, whether mediation, another form of alternative
money and effort if the parties are not adequately dispute resolution, litigation or a combination of
prepared, the right mediator is not selected for the these tools would be most effective in reaching them.
dispute and key factors are not carefully considered Key factors to consider include the advantages of
in advance of mediation. This article will address mediation over litigation in resolving disputes, such as:
how to maximize the chances of a successful
mediation that will result in a dispute’s business • Inherent cost savings
resolution. It focuses on ways to avoid certain • Process and outcome are controlled by the
common pitfalls and frustrations that may cause parties
a failed mediation, and it also intends to illustrate
key mistakes and offer helpful suggestions to help • Allows parties to “vent” in ways not possible in
parties avoid a failed mediation. the litigation process 2
1
The author has been a participant and mediator • Relatively fast-moving compared to litigation
in hundreds of cases over several decades. Just as • Parties may select an industry or trademark
trial preparation involves hard work and careful authority as the mediator, or a retired judge with
consideration of issues, mediation requires hard some know-how in the substantive area 3
work, effort and commitment in order to achieve a
successful result. The wrong mediator, the wrong • A good mediator may provide a “reality check” in
timing and the wrong people attending can all doom assisting the parties to more realistically evaluate
a mediation from the outset. their settlement positions and goals
6 katten.com/fashionlaw
