Hybrid Med-Arb procedure

A Hybrid Mediation–Arbitration (Med-Arb) procedure combines mediation and arbitration into a single dispute resolution process.

Settlement-focused, flexible, and binding dispute resolution

Parties first attempt to reach a mutually agreed settlement through mediation. If the dispute is not fully resolved, it then proceeds to arbitration, where a binding decision is issued only on the remaining unresolved issues.

The structure of the process and the role of the neutral are agreed in advance: the parties may appoint a co-mediator who will, if necessary, assume the role of arbitrator — without access to confidential caucus information — or they may appoint an arbitrator who does not participate in the mediation phase.

Party consent remains central throughout, and the seamless transition from mediation to arbitration ensures that disputes do not remain unresolved.

Why choose Med-Arb procedure at PMAC?

Connected to the Unified Patent Court

Combining the flexibility of mediation and arbitration with judicial oversight, offering a faster and confidential dispute resolution process. The settlement reached in mediation and arbitral award reached in Arbitration can be confirmed by the Court, making it enforceable as its final decision.

Online proceedings

From the initial information conference to the settlement and final award, all parts of the procedure can be conducted remotely. With secure virtual hearings, digital case management, electronic submissions, and attractive fee reductions, we ensure a seamless, cost-effective, and accessible process – no matter where you are.

Tailored & flexible proceedings

Procedural rules designed specifically for IP disputes, including disputes related to licensing of standard essential patents under FRAND terms, allowing parties to tailor them to their needs. Parties are free to choose mediators, arbitrators, procedures, governing law, and the language of proceedings to ensure a dispute resolution process that aligns with their specific requirements.

Efficient & cost-effective

Offering a streamlined transition from mediation to arbitration, reducing legal expenses by waiving the arbitration registration fee and crediting half of the mediation administrative fee towards the arbitration phase. The direct transition between the two stages enhances both accessibility and cost-efficiency for parties choosing the Med-Arb procedure.

Our areas of expertise

Infringement of European and Unitary Patents and supplementary protection certificates

Revocation and validity of patents

Licensing agreements

Standard essential patents (SEPs) & FRAND terms

Breach of confidentiality & trade secrets

Three people seated at a table reviewing a document with pens.

Our hybrid Med-Arb procedures

1 - Filing a joint request for the hybrid Med-Arb procedures before or after the commencement of Mediation proceedings

Filing a joint request for the hybrid Med-Arb procedures before or after the commencement of Mediation proceedings – Submit a mediation request outlining the dispute and desired outcomes with outlining the choice for hybrid Med-Arb procedures.

2 - Joint appointment of the Co-Mediator or additional Arbitrator for further proceedings

Joint appointment of the Co-Mediator or additional Arbitrator for further proceedings – Choose neutrals from our expert panel or appoint your own selected experts as Co-Mediator or Arbitrator.

3 - Case management conference

Definition of procedural rules and key issues.

4 - Evidence & hearings

Presentation of arguments and confidential evidence.

5 - Settlement agreement

If an agreement is reached, it is documented, signed and, if necessary, made legally binding.

6 - Award issuance

Final, binding decision enforceable worldwide for the parts of the issues that remain unresolved following the Mediation.