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The University of Akron

Journal

2015

Mediation

Articles 1 - 3 of 3

Full-Text Articles in Law

Know Thyself As You Know Thy Enemy: Setting Goals And Keeping Focus When Mediating Ip Disputes, Michael H. King, Peter N. Witty Jul 2015

Know Thyself As You Know Thy Enemy: Setting Goals And Keeping Focus When Mediating Ip Disputes, Michael H. King, Peter N. Witty

Akron Law Review

Therefore, while we briefly discuss the expected improvements to the mediation process following the enactment of the Uniform Mediation Act, we want to put aside the reality that mediation can work in some situations and instead focus on identifying and overcoming various impediments to a successful mediation. Specifically, we want to address two points: (1) the importance of defining realistic objectives for the process, and (2) the importance of staying focused on obtaining those objectives.


I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley Jul 2015

I'Ll Make Him An Offer He Can't Refuse: A Proposed Model For Alternative Dispute Resolution In Intellectual Property Disputes, Kevin M. Lemley

Akron Law Review

This article will discuss alternative dispute resolution in intellectual property disputes. A conceptual approach will be applied in an effort to better formulate the parties’ strategies towards litigation or alternative dispute resolution. Alternative dispute resolution (ADR) is a maturing area of the law, and its application to intellectual property disputes is complicated.1 These complications make any analysis difficult to organize. This article will discuss the underlying components of ADR and intellectual property disputes in a step-by-step fashion. Part I of this article discusses intellectual property rights and presents two conceptual interests underlying these rights. Deciding whether to litigate or pursue …


Gender Differences In Dispute Resolution Practice: Report On The Aba Section Of Dispute Resolution Practice Snapshot Survey, Gina Viola Brown, Andrea Kupfer Schneider Jul 2015

Gender Differences In Dispute Resolution Practice: Report On The Aba Section Of Dispute Resolution Practice Snapshot Survey, Gina Viola Brown, Andrea Kupfer Schneider

Akron Law Review

Some of the goals of the WIDR Committee were to change how neutral selection occurs in disputes, to increase the number of women who serve as neutrals, and to ensure that women and minorities were proportionally represented as neutrals.9 The first step, before suggesting changes, was to understand the current situation in the world of dispute resolution. In fall 2012, the Section of Dispute Resolution surveyed the lawyers belonging to the Section to determine how mediators and arbitrators are selected in legal cases and the types of cases being resolved through the many available dispute resolution processes. Specifically, the survey …