Conference on Mediation

March 29, 1996, Geneva, Switzerland

 

Discussion

The Selection of the Mediator


Charles Korman (Paris, France)

How does a mediator deal with the basic problem, which applies equally in arbitration, of the validity of rights, particularly, for example, the patentability of the claims of a patent or the originality of copyright, such as a computer program?

 

Margaret Shaw (New York, United States of America)

If the validity of a patent is truly the question that is standing between the parties and resolution, then it may well be that what the parties need is some kind of evaluative opinion on validity. It is not, however, always necessary to have the validity of the patent established in the mediation process if the parties are working with their underlying business interests. But, if that is truly what stands between the parties and resolution, an evaluative opinion may be helpful.

 

Charles Korman (Paris, France)

That means, in fact, that the mediator does not rule on the problem of validity.

 

Margaret Shaw (New York, United States of America)

Mediators can deal with this problem of validity but, again, if you want someone to look at the problem of validity, you need to select a mediator who can do that for you, who has that expertise.

 

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