When intellectual property is a core part of your business — your brand, your software, your invention — disputes are bound to arise. For startups and SMEs, the stakes are often high, and litigation can be costly, slow, and public. That’s where alternative dispute resolution (ADR) offers serious value.
As someone who works with mediation and preventive law, I want to highlight how ADR methods like mediation, arbitration, and expert determination can help resolve IP and technology disputes efficiently — often without damaging relationships or disrupting business operations.
Here are a few things SMEs and founders may not know:
1. ADR is made for the realities of IP and tech.
Traditional court procedures don’t always handle technical complexity or confidentiality well. ADR lets you choose mediators or arbitrators with relevant experience — from software licensing to biotech partnerships. It also keeps sensitive information off the public record.
2. You can structure for it in advance.
Many IP-related contracts now include mediation or arbitration clauses. These give you a pre-agreed roadmap if a dispute arises. Without such clauses, it’s still possible to opt into ADR — and often the other side is just as motivated to avoid litigation.
3. Mediation works — especially early on.
Mediation isn’t about giving in. It’s about finding practical, interest-based solutions before positions harden. It’s confidential, flexible, and usually resolved within weeks. For businesses trying to preserve partnerships or get projects back on track, it can be ideal.
4. Arbitration provides enforceability when needed.
In cases where a binding decision is necessary — like valuation disagreements or licensing breakdowns — arbitration offers a private, expert-led alternative to court. And unlike court judgments, arbitral awards are generally enforceable across borders under the New York Convention.
5. ADR is increasingly digital and accessible.
With tools like WIPO’s eADR platform, everything from filing to hearings can be managed online. This lowers costs, speeds things up, and makes international resolution realistic even for small teams.
If you’re building a business where IP, licensing, or innovation plays a central role, it’s worth thinking about how to handle disagreement before it turns into a dispute.
I work with founders and legal teams to prepare for these moments — through contracts, risk strategy, and clear dispute-resolution pathways. If you’d like to explore what this could look like for your business, I’d be glad to talk.
Feel free to get in touch.