Jayems (Jag Mohan) Dhingra
Mediation is best suited for IPR disputes. Time spent on enforcing court decisions and arbitral awards may outlast the lifespan of an IPR or a Patent. In my experience, there are three ways to engage a disengaged party: appealing to the moral duty to resolve conflicts, highlighting modern legal frameworks that penalize refusal to mediate, and the benefits of mediation, even when no settlement is reached. IPOS and UPC PMAC Pro Bono zero‑cost initiatives, and the International (Singapore) Mediation Convention are the best instruments to make litigation a last resort. Mediating parties can also refine issues and “agree to disagree.”
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