Alternative dispute resolution

While court proceedings may be a necessary and important tool in the enforcement of intellectual property rights, there are a number of alternative ways your objectives may be achieved.

Our dispute resolution lawyers have extensive experience in dealing with intellectual property related disputes and will provide clear advice on your dispute resolution options in order to help you decide the most cost-effective and pragmatic approach.

Here is a summary of the main forms of dispute resolution:

Mediation and negotiation


Mediation is where the parties to a dispute agree to meet and attempt to reach a resolution with the assistance of a mediator. A negotiation involves ongoing discussions between the parties with the aim of reaching an agreement. Negotiation and mediation are both confidential and voluntary, which are their key benefits. With both parties’ participation and co-operation, mediation and negotiation can be cost-effective and produce satisfactory results for everyone involved.

Arbitration


Arbitration is similar to court proceedings, but an arbitrator is used to reach a binding decision rather than a judge. The main advantage of arbitration is that it’s confidential, compared to court proceedings. Sometimes parties are required by a contract to submit their dispute to arbitration.

Court proceedings


Court proceedings may be necessary when the parties have tried to achieve an amicable solution but have reached a stalemate. This may occur where co-existence is simply unacceptable, or where a party wants to make a strong statement that it is not prepared to accept infringement of its intellectual property rights.

How we can assist


Our dispute resolution lawyers are experienced in all areas within their field. They will work with you to understand your particular dispute and advise you on the best approach to take, in order to achieve a quick and cost-effective result.

Meet our experts

  • Paul Johns
    Head of Dispute Resolution, Auckland

  • +64 9 359 7733
  • +64 27 558 5866
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  • Brigette Shone
    Senior Associate, Auckland

  • +64 9 359 7745
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  • Thomas Huthwaite
    Senior Associate, Wellington

  • +64 4 494 9600
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